u.s. customs and border protection to certain plastic garment hangers in response to future ruling...

U.S. Customs and Border Protection◆

19 CFR PART 177

REVOCATION OF TWO RULING LETTERS ANDREVOCATION OF TREATMENT RELATING TO THE

INSTRUMENT OF INTERNATIONAL TRAFFICDESIGNATION OF CERTAIN PLASTIC GARMENT

HANGERS

AGENCY: U.S. Customs and Border Protection, Department ofHomeland Security.

ACTION: Notice of revocation of two ruling letters and revocation oftreatment relating to the instrument of international traffic (“IIT”)designation of certain plastic garment hangers.

SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C.§ 1625(c)), as amended by section 623 of Title VI (Customs Modern-ization) of the North American Free Trade Agreement Implementa-tion Act (Pub. L. 103–182,107 Stat. 2057), this notice advises inter-ested parties that U.S. Customs and Border Protection (CBP) isrevoking two ruling letters concerning the duty and entry-free treat-ment of certain plastic garment hangers as instruments of interna-tional traffic. Similarly, CBP is revoking any treatment previouslyaccorded by CBP to substantially identical transactions. Notice of theproposed action was published in the Customs Bulletin, Vol. 53, No.13, on May 1, 2019. Three comments were received in response to thatnotice.

EFFECTIVE DATE: This action is effective for merchandiseentered or withdrawn from warehouse for consumption on or afterSeptember 23, 2019.

FOR FURTHER INFORMATION CONTACT: Austen Walsh,Cargo Security, Carriers, and Restricted Merchandise Branch,Regulations and Rulings, Office of Trade, at (202) 325–0030.

SUPPLEMENTARY INFORMATION:

BACKGROUND

Current customs law includes two key concepts: informed compli-ance and shared responsibility. Accordingly, the law imposes an obli-

1

gation on CBP to provide the public with information concerning thetrade community’s responsibilities and rights under the customs andrelated laws. In addition, both the public and CBP share responsibil-ity in carrying out import requirements. For example, under section484 of the Tariff Act of 1930, as amended (19 U.S.C. § 1484), theimporter of record is responsible for using reasonable care to enter,classify and value imported merchandise, and to provide any otherinformation necessary to enable CBP to properly assess duties, collectaccurate statistics, and determine whether any other applicable legalrequirement is met.

Pursuant to 19 U.S.C. § 1625(c)(1), a notice was published in theCustoms Bulletin, Vol. 53, No. 13, on May 1, 2019, proposing to revokeone ruling letter pertaining to the IIT designation of certain plasticgarment hangers. Any party who has received an interpretive rulingor decision (i.e., a ruling letter, internal advice memorandum or de-cision, or protest review decision) on the merchandise subject to thisnotice should have advised CBP during the comment period. Duringthe comment period, we became aware of Headquarters Ruling Letter(“HQ”) H079697, dated October 26, 2009, designating substantiallysimilar plastic garment hangers as IITs, and include its revocationhere.

Similarly, pursuant to 19 U.S.C. § 1625(c)(2), CBP is revoking anytreatment previously accorded by CBP to substantially identicaltransactions. Any person involved in substantially identical transac-tions should have advised CBP during the comment period. An im-porter’s failure to advise CBP of substantially identical transactionsor of a specific ruling not identified in this notice may raise issues ofreasonable care on the part of the importer or its agents for impor-tations subsequent to the effective date of this notice.

In HQ H058876, dated May 14, 2009, and HQ H079697, datedOctober 26, 2009, CBP designated certain plastic garment hangers asinstruments of international traffic pursuant to 19 U.S.C. § 1322 and19 C.F.R. § 10.41a, which enables the items to be released withoutentry or the payment of duty. In order to qualify as an IIT pursuantto 19 U.S.C. § 1322(a) and 19 C.F.R. § 10.41a(a)(1), CBP has tradi-tionally held that an article must be: used as a container or holder ininternational traffic, substantial, suitable for and capable of repeateduse, and used in significant numbers in international traffic. CBP hasreviewed its prior rulings and determined these ruling letters to be inerror. It is now CBP’s position that plastic garment hangers cannot begranted IIT status when they are not used to physically suspendgarments during transportation in international traffic. The finalrevocation does not foreclose the possibility that CBP will grant IIT

2 CUSTOMS BULLETIN AND DECISIONS, VOL. 53, NO. 25, JULY 24, 2019

status to certain plastic garment hangers in response to future rulingrequests that satisfy this analysis, however.

Pursuant to 19 U.S.C. § 1625(c)(1), CBP is revoking HQ H058876and HQ H079697, and revoking or modifying any other ruling notspecifically identified to reflect the analysis contained in HQH300587, set forth as an attachment to this notice. Additionally,pursuant to 19 U.S.C. § 1625(c)(2), CBP is revoking any treatmentpreviously accorded by CBP to substantially identical transactions.

In accordance with 19 U.S.C. § 1625(c), this ruling will becomeeffective 60 days after publication in the Customs Bulletin.Dated: July 5, 2019

CRAIG T. CLARK

DirectorBorder Security and

Trade Compliance Division

Attachment


ATTACHMENT

HQ H300587July 5, 2019

OT:RR:BSTC:CCR H300587 AMWCATEGORY: Carriers

MS. LYNNE W. WENDT, ESQUIRE

WENDT & TEMPLES, LLC401 WESTPARK COURT

PEACHTREE CITY, GEORGIA 30269

RE: Instruments of International Traffic; 19 U.S.C. § 1322(a); 19 C.F.R.§ 10.41a; Subheading 9803.00.50, HTSUS; Plastic Garment Hangers;Revocation of HQ H058876 (May 14, 2009) and HQ H079697 (Oct. 26,2009)

DEAR MS. WENDT:This is in response to your correspondence, dated August 22, 2018, and

follow-up information submitted on September 30, 2018, on behalf of Brai-form Enterprises, LLC (“Braiform”). In your submission, you requested aruling regarding whether certain styles of plastic garment hangers qualify as“instruments of international traffic” (“IITs”) within the meaning of 19 U.S.C.§ 1322(a) and 19 C.F.R. § 10.41a and may be released without entry or thepayment of duty. Our ruling is set forth below.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. § 1625(c)(1)), asamended by section 623 of Title VI, a notice was published in the CustomsBulletin, Vol. 53, No. 13, on May 1, 2019, proposing to revoke HQ H058876,dated May 14, 2009, and any treatment accorded to substantially similartransactions. One comment supporting the proposed action and two com-ments opposing the proposed action were received. A discussion of the com-ments and CBP’s reasoning are found in the “Law and Analysis” sectionbelow.

FACTS:

Braiform is a producer and provider of hanging and packaging solutions togarment manufacturers and retailers. U.S. Customs and Border Protection(“CBP”) has previously designated 40 different styles of Braiform plasticgarment hangers as IITs. See HQ H058876 (May 14, 2009). You have re-quested that CBP issue an IIT designation for approximately 40 new hangerstyles, which are designed to “enhance functionality, garment retention andretail display.”

Each of the subject hangers is made of Polypropylene or Polystyrene plasticand consists of a molded, one-piece construction. The subject styles includehangers of various sizes for children and adults. The styles include hangersfor tops, bottoms, and intimate garments. Many of the hangers have recessedspaces on their hooks intended to carry a size cap. Most styles possess plastichooks, although your request also includes several modular hangers withouthooks, which attach to hangers with hooks to combine multiple garments.You have provided a complete list of the subject hangers, including productidentification numbers, descriptions, and photographs. You have also pro-vided samples of several of the hangers and technical specifications for theremaining hangers.


Your submission indicates that the primary purpose of the subject hangersis to display garments in a retail setting:

Braiform clients set high standards for the hangers in the program as thequality of the hanger is the most significant impact on the presentation ofthe garments to the customer. Garments must stay on the hangers whilethey are being displayed, and the hangers must hold the garment in sucha way that it can be fully viewed by the customer. The hangers must alsohave an attractive design.

You state that the subject hangers will be used exclusively by [ ] (“Retailer”)and will join Braiform’s existing closed-loop hanger “Re-Use Program.”1 Un-der this program, Braiform sells hangers to Retailer’s foreign manufacturers,who place garments on the hangers and fold the combined garments andhangers into cartons for shipment. The garments on hangers are then sold toRetailer and are transported to the United States. After arriving in theUnited States, the garments on hangers are distributed to Retailer’s stores,where they are hung for display. After the garments are sold, Retailer em-ployees retain the hangers and place them into a collection box. The hangercollection boxes are taken to a central site where the hangers are loaded intoa larger box called the “Hanger Big Box” (“HBB”). The HBBs are transportedto a Braiform facility for re-use processing, which includes sorting, inspec-tion, and removal of damaged hangers. You state that Retailer returns ap-proximately 80% of its hangers for reuse.

Below are images you provided that depict how the garments on hangerstypically arrive at Retailer’s locations in the United States. As shown in thepictures, the garments and hangers are combined, folded, and flat packedinto a cardboard carton and are either placed without support or anchored tothe cardboard box via a loop embedded into the side of the box.

ISSUE:

Whether the subject plastic garment hangers are instruments of interna-tional traffic pursuant to 19 U.S.C. § 1322(a) and 19 C.F.R. § 10.41a.

1 You have asked this office for confidential treatment of the name of Braiform’s customer.If this office receives a Freedom of Information Act request for your submission, CBPRegulations (19 C.F.R. § 103.35, et seq.) regarding the disclosure of business informationprovide that the submitter of business information will be advised of receipt of a request forsuch information whenever the business submitter has in good faith designated the infor-mation as commercially or financially sensitive information. We accept your request forconfidential treatment as a good faith request.


LAW AND ANALYSIS:

Pursuant to 19 U.S.C. § 1322(a), “[v]ehicles and other instruments ofinternational traffic...shall be excepted from the application of the customslaws to such extent and subject to such terms and conditions as may beprescribed in regulations....” The relevant CBP regulations implementingthis statute are found at 19 C.F.R. § 10.41a, which authorizes the CBPCommissioner to designate as IITs such additional articles not specificallynoted in that section. Once designated as such, an IIT may be releasedwithout entry or payment of duty.

Subheading 9803.00.50, Harmonized Tariff Schedule of the United States(“HTSUS”) provides, in pertinent part, for the duty free treatment of:

Substantial containers and holders, if products of the United States . . . ,or if of foreign production and previously imported and duty (if any)thereon paid, or if of a class specified by the Secretary of the Treasury2 asinstruments of international traffic, repair components for containers offoreign production which are instruments of international traffic, andaccessories and equipment for such containers, whether the accessoriesand equipment are imported with a container to be reexported separatelyor with another container, or imported separately to be reexported with acontainer . . . (footnote and emphasis supplied).

Subchapter III to Chapter 98 of the HTSUS only applies to:(a) Substantial containers or holders which are subject to tariff treatment

as imported articles and are:(i) Imported empty and not within the purview of a provision which

specifically exempts them from duty; or(ii) Imported containing or holding articles, and which are not of a

kind normally sold therewith or are entered separately therefrom;and

(b) Certain repair components, accessories and equipment.See U.S. Note 1, et seq., Subchapter III to Chapter 98, HTSUS.

CBP has held in its published rulings that in order to qualify as an IITpursuant to 19 U.S.C. § 1322(a) and 19 C.F.R. § 10.41a(a)(1), an article mustbe used as a container or holder in international traffic. See 19 C.F.R. 10.41a(“in use or to be used in the shipment of merchandise in internationaltraffic”); see also, e.g., HQ H016491 (Oct. 1, 2007); HQ 114150 (Dec. 12, 1997);and HQ 107545 (May 7, 1985). Next, the article must be substantial, suitablefor and capable of repeated use, and used in significant numbers in interna-tional traffic. See, e.g., HQ H016491 (Oct. 1, 2007); HQ 114150 (Dec. 12, 1997);HQ 107545 (May 7, 1985); Treas. Dec. 71–159, Cust. B. & Dec. 296 (June 18,1971); 99 Treas. Dec. 533, No. 56247 (Aug. 26, 1964). CBP has interpreted“reuse” in this context to mean commercial shipping or transportation pur-poses, not incidental reuse. See, e.g., HQ 116032 (Oct. 30, 2003) (incorporat-ing the analysis of reuse as outlined with respect to General Headnote 6(b),TSUS in Holly Stores, Inc. v. United States, 697 F.2d 1387, 1388 (Fed. Cir.1982), aff’g 534 F. Supp. 818 (Ct. Int’l Trade 1981)). We have, furthermore,

2 This function has been delegated to the Commissioner of CBP pursuant to 31 U.S.C. §321(b) and Treas. Dep’t Order 100–16 (May 15, 2003).


held that “repeated use” means “more than twice.” See, e.g., HQ 108658 (Nov.21, 1986).3 CBP has previously designated certain plastic garment hangersas IITs pursuant to this framework. See HQ H217477 (Dec. 11, 2012); HQH183436 (Jan. 19, 2012); HQ H117917 (Oct. 13, 2010); HQ H079697 (Oct. 26,2009); HQ H064655 (June 16, 2009); HQ H058876 (May 14, 2009); HQH050604 (Mar. 18, 2009); HQ H042107 (Nov. 24, 2008); and HQ 115684 (Aug.5, 2002).

Although no statutory or regulatory definition exists for the terms “holder”or “hanger” in the IIT context, we find that the plain meaning of the term“hanger” and prior precedent indicate that a garment hanger must physicallysuspend the underlying garment during transportation to satisfy the require-ment that it act as a holder in international traffic. Merriam-Webster Dic-tionary, for example, defines “clothes hanger” as, “a curved piece of metal,plastic, or wood that is used for hanging clothing.”4 The word “hang,” in turn,is defined as follows: “to fasten to some elevated point without support frombelow.”5 As such, it is clear that a garment hanger must physically suspend(i.e., hang) clothing in order to be used as a holder. As discussed in responseto the comments below, we find that it is insufficient for a hanger to behorizontally affixed within a cardboard carton during transportation.

This determination is in line with prior CBP rulings. In HQ H282408 (Apr.12, 2017) we found that metal locking fixtures attached to secure movingparts on modular assemblies during shipment, which are not attached to thepallet carrying the machine, are not IITs even where they protect the ma-chine from shock and vibration during transportation. In doing so, we heldthat instead of “holding” the underlying machines, the locking fixtures “sim-ply secure parts of the . . . machine to itself.” Similarly, even if unsecuredplastic hangers are combined with the underlying garments to reinforce thegarment’s form during transportation, the hangers merely secure the gar-ment to itself, but serve no holding function. This also comports with ouranalysis in HQ H286142 (July 6, 2017) in which we declined to grant IITstatus to “engine hooks” used to load engines on and off of steel engine racksfor transportation, but did not attach to the racks in which the engines weretransported, on the basis that such hooks “neither contain nor hold any-thing.”

The subject garment hangers cannot be classified as IITs because they donot hold the garments during transportation. According to your follow-upsubmission, manufacturers typically use Braiform’s hangers “to hang thegarments, then packs [sic] the garments, mostly in cartons, for transport.”The photographs you provided further show that the subject hangers arecombined with the corresponding garments and folded into cardboard boxesfor shipment to Retailer’s stores.6 We also understand that the hangers are

3 Because this ruling analyzes Braiform’s application for IIT status on the basis below, wedo not reach the question of whether the remaining IIT criteria are met (i.e., whether thesubject hangers are of durable construction, capable of repeated use, and used in significantnumbers in international traffic).4 https://www.merriam-webster.com/dictionary/clothes%20hanger (Oct. 5, 2018).5 https://www.merriam-webster.com/dictionary/hang (Oct. 11, 2018).6 We note here that, in a follow-up communication you stated that Retailer occasionallytransports hanging garments in “garment on hanger” shipping containers, “but not often.”You provided no assertion that the subject hangers would be used to transport garments inthis fashion.


periodically affixed to the inside of a carton via a rod or loop. Instead of beingsuspended by the subject hangers during transportation, the movement ofthe subject garments through international traffic is effected by the cartonsinto which they are placed, instead functioning more as packing materialduring transit. And, although your submission specifies that the subjecthangers’ design will improve the retail display of garments, you have pro-vided no evidence that the hangers have been specially designed for use inhanging garments in international traffic. See HQ H266818 (May 23, 2016)(“The onus is on the importer to provide that evidence. For example, animporter could provide evidence that the hangers are made of durable moldedplastic and are specially designed by the manufacturer for internationaltransit”) (emphasis added).

Finally, based on the additional information now supplied to us, it is clearthat, as is the case with the subject hanger models, the Braiform hangermodels previously designated as IITs in HQ H058876 (May 14, 2009) are alsonot used to contain or hold garments during shipment. In granting IIT statusto these hangers, we described their role during transportation as follows:“the apparel is hung on the appropriate hangers for transportation to theU.S. After receipt in the U.S., the apparel is removed from its packagingwhile still hanging and moved to display racks on the retail floor.” HQH058876 (May 14, 2009) (emphasis added). Nevertheless, your follow-upsubmission indicates that the word “hang” as used in HQ H058876 impre-cisely referred to the mere combination of hangers and garments. Instead ofsuspending garments during transportation, you state that the hangers arepacked “mostly in cartons” for transportation. In addition, photographs youhave provided clearly show Braiform’s current IIT hangers being folded intoboxes for transportation rather than being used to vertically suspend gar-ments.

With regard to the three comments received by CBP, two commenters,including the original requestor, opposed the revocation of ruling HQH058876. One commenter supported the revocation. One comment was re-ceived from the requester in HQ H079697 (Oct. 26, 2009), which identifiedthe transaction in that ruling as substantially similar to the ruling revokedin HQ H058876; we therefore are revoking ruling HQ H079697 as well.

One commenter states that flat-packed garment hangers, whether an-chored to the inside of a box or free-floating within the box, are IIT holdersbased on the plain meaning of the term. In doing so, the commenter providesseveral conflicting definitions for the term “hold,” including: “to have ormaintain in the grasp”; “to support in a particular position or keep fromfalling or moving”; or “to enclose and keep in a container or within bounds.”7

We note that these definitions are not uniform, with some supporting theinterpretation that a clothes hanger should be affixed vertically (i.e., “tosupport in a particular position to keep from falling or moving”). As such, weinterpret the term “hold” with reference to the form and function of otheritems defined or designated as IITs pursuant to 19 C.F.R. § 10.41a. Thisregulation specifically designates as IITs, “[l]ift vans, cargo vans, shippingtanks, skids, pallets, caul boards, and cores for textile fabrics, arriving(whether loaded or empty) in use or to be used in the shipment of merchan-dise in international traffic....” The items listed in 19 C.F.R. § 10.41a are all

7 https://www.merriam-webster.com/dictionary/hold (June 4, 2019).


intended for use in containing or holding merchandise during their move-ment through international traffic, with any related use as packing materialor retail display being of ancillary importance. As such, to be used as a“holder” in the IIT context, we find that a clothes hanger must be used inaccordance with its plain meaning (i.e., to physically hang garments asoutlined above) while transporting merchandise through international traf-fic.

In addition, two commenters cite Holly Stores, Inc. v. United States, 534 F.Supp. 818 (Ct. Int’l Trade 1981), aff’d 697 F.2d 1387, 1388 (Fed. Cir. 1982), toargue that the subject hangers function as holders even when used in alay-flat position. Specifically, the commenters note that the U.S. Court ofInternational Trade (“CIT”) decision refers to certain plastic hangers as“shipping holders,” including those combined with garments in a lay-flatposition. See Holly Stores, 534 F. Supp. at 821. To begin with, we note that theHolly Stores decisions are not binding because neither the CIT nor the U.S.Court of Appeals for the Federal Circuit (“Federal Circuit”) consideredwhether plastic garment hangers qualified for IIT designation.8 Instead, bothdecisions analyzed whether certain garment hangers could be classified sepa-rately from the underlying garments under General Headnote 6(b), TariffSchedule of the United States (“TSUS”). See, Holly Stores, 534 F. Supp. at821. The CIT’s analysis of GRI 6(b), TSUS is also not dispositive because thisprovision has since been superseded by General Rule of Interpretation(“GRI”) 5(b), HTSUS, which relates to the separate classification of certain“packing materials and packing containers.” See JVC Co. of Am. V. UnitedStates, 234 F.3d 1348, 1355 (Fed. Cir. 2000) (citing H.R. Conf. Rep. No.100–576, at 549–50 (1988)) (“in light of the significant number and nature ofchanges in nomenclature from the TSUS to the HTSUS, decisions by theCustoms Service and the courts interpreting the TSUS are not deemed to bedispositive in interpreting the HTSUS”).

Even to the extent Holly Stores is relevant in interpreting GRI 5(b), thisanalysis is distinct from the present matter. GRI 5(b) specifies that “packingmaterials and packing containers” entered with the underlying productshould be classified with that product so long as the packing containers andmaterials are “of a kind normally used for packing such goods” and are “notsuitable for repetitive use.” However, the distinction between “packing” con-tainers controlled by GRI 5(b) and IITs is a significant one. The term “pack-ing” can be defined as “material (such as a covering or stuffing) used to protectpacked goods (as for shipping).”9 In keeping with this definition, prior CBPrulings interpreting GRI 5(b) have largely related to products intended to bepacked with the underlying merchandise, often into a cardboard box oranother container, for the purpose of protecting merchandise in transit or atretail. See, e.g., HQ 083436 (Dec. 22, 1989) (canvas cases used to hold per-sonal weighing scales); HQ 086611 (May 17, 1990) (textile drawstringpouches used to protect liquor bottles); and HQ H81389 (June 4, 2001)(form-fitted leather zippered cases used to carry house slippers). In contrast,IIT designation, as outlined above, is typically reserved for items that

8 We also note that CBP has incorporated the standard for “commercial reuse” outlined inHolly Stores into IIT designations, but has not referenced the decisions in defining the termholder or container in the IIT context. See, e.g., HQ H102988 (Apr. 29, 2010).9 https://www.merriam-webster.com/dictionary/packing (June 10, 2019).


primarily operate to convey merchandise through international traffic, suchas lift vans, cargo vans, shipping tanks, skids, pallets, caul boards, and coresfor textile fabrics as outlined in 19 C.F.R. § 10.41a. In this context, it is clearthat plastic garment hangers, when used in a lay-flat position, are moresimilar to packing material as contemplated under GRI 5(b) than instru-ments of international traffic outlined in 19 C.F.R. § 10.41a.

In addition, two commenters argue that the subject plastic garment hang-ers, when flat packed with the underlying garments, should be consideredholders because they ostensibly protect garments from creasing and wrin-kling during transportation. To support this assertion, the commenters againreference the CIT’s non-dispositive decision in Holly Stores, in which thecourt found that certain flat-packed plastic hangers prevent the creasing andwrinkling of garments during transportation. See Holly Stores, 534 F. Supp.818 at 826, fn. 11. Here, we note that consideration of an item’s protectivefunction is not a criterion for designation as an IIT holder, but is again moregermane to the determination of whether an item represents packing mate-rials or packing containers as controlled by GRI 5(b). See, e.g., HQ H264893(May 18, 2016) (discussing certain cardboard pallets as packing materialwhere they “protect shoeboxes from being crushed during transport anddisplay”). Further, as outlined above, prior CBP IIT rulings support theproposition that items used to stabilize or maintain merchandise duringtransportation do not automatically qualify for IIT designation where theyprovide no holding function. For instance, in HQ H282408, we found thatmetal locking fixtures attached to secure a machine to itself, but did notattach to the steel pallet carrying the machine, are not IITs even where theyprotect the machine from shock and vibration during transportation.

Furthermore, the CIT’s decision in Holly Stores does not even support afinding that flat-packed hangers prevent creasing and wrinkling in all in-stances. The CIT’s decision involves two classes of hangers: (1) plastic hang-ers flat packed in combination with light-weight garments such as blousesand tops, and (2) metal hangers covered in plastic used to physically hangitems such as blazers, heavy coats, and suits in transit. See Holly Stores, 534F. Supp. 818 at 821. Accordingly, the distinction between lighter garmentsflat packed with hangers and heavier garments that are hung verticallyindicates that physical suspension is a more suitable method of preservingthe form and function of many garments during transportation. CBP under-stands, furthermore, that the subject garment hangers, as well as those inthe previously issued rulings, are not exclusively used to transport lightgarments such as tops and blouses. Instead, the subject ruling request andsupplemental information indicate that the subject hangers will also be usedin combination with a variety of heavier garments, including blue jeans,jackets, sweaters, and vests.

Two commenters state that hangers and garments are periodically affixedto the inside of a carton during transportation (e.g., by operation of aninternal rod or loop). The commenters argue that this arrangement providesprotection from shifting or damage similar to the support provided if thegarments were hung vertically from a pole or rope. First, CBP’s review ofapparel industry sources indicates that this is not uniformly true. One in-dustry source notes, for example, that flat packing garments made fromdelicate fabrics, as opposed to hanging them vertically, “can cause crushingand creasing requiring reworking (pressing or steaming) before the retailer


can display them for sale.”10 In addition, granting IIT status to plasticgarment hangers anchored inside a non-IIT cardboard box would be nearlyimpossible for CBP to administer as neither this comment nor the underlyingrequest articulates which types of hanger/garment pairings are typicallyaffixed horizontally during transportation or whether this practice variesbetween venders.

One commenter also notes that, in some circumstances, garments may behung vertically within cardboard boxing. This comment did not specify whichtype of garments this process is used for or when this might occur, however.As such, we find this comment is outside the scope of the present ruling.

One commenter also argues that plastic garment hangers are analogous toplastic spacers used to separate imported axle housings during shipment,which we granted IIT status in HQ 113999 (July 2, 1997), and paper “airbags” used to fill gaps between pallets, which we granted IIT status in HQ112474 (Feb. 22, 1993). We find that these rulings are inapplicable in thepresent matter. Unlike the IIT locking fixtures analyzed in HQ H282408 orengine hooks discussed in HQ H286142, both of which we determined not tobe holders, the axle housings and air bags act as holders by applying pressurebetween the merchandise and external objects (i.e., pallets or other axles). Incontrast, the photographs of the subject merchandise provided above showthat the flat-packed garment hangers leave ample room for the garments toshift while in transit.

One commenter argues that by revoking HQ H058876, CBP will negativelyaffect importers of other IIT-designated merchandise. Specifically, the com-menter asserts that CBP has long held that “not all IIT-designated merchan-dise must actually be ‘in use’ at the time of importation.” The commenter citesHQ H036108 (Aug. 27, 2008), in which CBP granted IIT designation to palletboxes imported empty into the United States, claiming that CBP did notanalyze whether the pallets were “carrying,” “holding,” or “supporting” itemsduring international traffic. This is a misreading of HQ H036108. The rulingspecifically states that, although the subject pallet boxes are imported empty,they are used to export automotive parts to Mexico, which is a clear use of thepallet boxes in international traffic. Indeed, it has long been CBP’s positionthat the term “international traffic,” as found in § 10.41a(a)(1), applies to acontainer or other such instrument brought empty into the United States foruse in an exportation planned at or before the time of importation. See HQH115672 (May 14, 2002).

One commenter identifies several additional rulings in which we classifiedplastic garment hangers as IITs and states that the subject companies shipthe subject hangers in the same manner as Braiform. Because these rulingsdo not specifically discuss the manner of shipment, and because this com-menter is unrelated to the requesters in these rulings, we have not specifi-cally revoked these rulings. We note, however, that any person involved in asubstantially identical transaction should have notified CBP during the com-ment period. This commenter also argues that using the subject hangers todisplay merchandise at the point of sale constitutes diversion. Because thisruling does not discuss diversion, we find this comment outside the scope of

10 How to decide the right shipping method for the garments you import, Rag Trader (Dec.13, 2016), http://www.ragtrader.com.au/insights/how-to-decide-the-right-shipping-method-for-the-garments-you-import.


our ruling. This commenter also urges CBP to require country of originlabeling for the subject hangers; this comment is also outside the scope of ourruling.

Based on the analysis above, the plastic garment hangers described in theinstant request as well as those subject to CBP rulings HQ H058876 and HQH079697 do not qualify for IIT designation because they are not used asholders in international traffic. This ruling therefore revokes HQ H058876and HQ H079697, which granted IIT status to several similar models ofhangers, to the extent that those hangers are not used to hang garments ininternational traffic.

HOLDING:

The subject plastic garment hangers are not “instruments of internationaltraffic” within the meaning of 19 U.S.C. § 1322(a) and 19 C.F.R. § 10.41a tothe extent that they are not used to vertically suspend garments in interna-tional traffic.

EFFECT ON OTHER RULINGS:

HQ H058876, dated May 14, 2009, and HQ H079697, dated October 26,2009, are REVOKED.

In accordance with 19 U.S.C. § 1625(c), this ruling will become effective 60days after its publication in the Customs Bulletin.

Sincerely,CRAIG T. CLARK

DirectorBorder Security and Trade Compliance Division

Cc: Ms. Margaret R. Polito, Esq.Neville Peterson LLP17 State Street, 19th FloorNew York, NY 10004


19 CFR PART 177

MODIFICATION OF ONE RULING LETTER ANDREVOCATION OF TREATMENT RELATING TO THE

TARIFF CLASSIFICATION OF THE “THERMO ACTION”DIETARY SUPPLEMENT


ACTION: Notice of modification of one ruling letter and of revoca-tion of treatment relating to the tariff classification of the “ThermoAction” dietary supplement.

SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C.§ 1625(c)), as amended by section 623 of title VI (Customs Modern-ization) of the North American Free Trade Agreement Implementa-tion Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises inter-ested parties that U.S. Customs and Border Protection (CBP) ismodifying one ruling letter concerning tariff classification of the“Thermo Action” dietary supplement under the Harmonized TariffSchedule of the United States (“HTSUS”). Similarly, CBP is revokingany treatment previously accorded by CBP to substantially identicaltransactions. Notice of the proposed action was published in theCustoms Bulletin, Vol. 53, No. 13, on May 1, 2019. No comments werereceived in response to that notice.


FOR FURTHER INFORMATION CONTACT: Tatiana SalnikMatherne, Food, Textiles and Marking Branch, Regulations andRulings, Office of Trade, at (202) 325–0351.


BACKGROUND

Current customs law includes two key concepts: informed compli-ance and shared responsibility. Accordingly, the law imposes an obli-gation on CBP to provide the public with information concerning thetrade community’s responsibilities and rights under the customs andrelated laws. In addition, both the public and CBP share responsibil-ity in carrying out import requirements. For example, under section484 of the Tariff Act of 1930, as amended (19 U.S.C. § 1484), theimporter of record is responsible for using reasonable care to enter,classify and value imported merchandise, and to provide any other


information necessary to enable CBP to properly assess duties, collectaccurate statistics, and determine whether any other applicable legalrequirement is met.

Pursuant to 19 U.S.C. § 1625(c)(1), a notice was published in theCustoms Bulletin, Vol. 53, No. 13, on May 1, 2019, proposing to modifyone ruling letter pertaining to the tariff classification of the “ThermoAction” dietary supplement. Any party who has received an interpre-tive ruling or decision (i.e., a ruling letter, internal advice memoran-dum or decision, or protest review decision) on the merchandisesubject to this notice should have advised CBP during the commentperiod.

Similarly, pursuant to 19 U.S.C. § 1625(c)(2), CBP is revoking anytreatment previously accorded by CBP to substantially identicaltransactions. Any person involved in substantially identical transac-tions should have advised CBP during the comment period. An im-porter’s failure to advise CBP of substantially identical transactionsor of a specific ruling not identified in this notice may raise issues ofreasonable care on the part of the importer or its agents for impor-tations of merchandise subsequent to the effective date of this notice.

In New York Ruling Letter (“NY”) N293615, dated February 9,2018, CBP classified the “Thermo Action” dietary supplement inheading 2101, HTSUS, specifically in subheading 2101.20.90, HT-SUS, which provides for “Extracts, essences and concentrates, ofcoffee, tea or mate and preparations with a basis of these products orwith a basis of coffee, tea or maté; roasted chicory and other roastedcoffee substitutes, and extracts, essences and concentrates thereof:Extracts, essences and concentrates, of tea or maté, and preparationswith a basis of these extracts, essences or concentrates or with a basisof tea or maté: Other: Other: Other.” CBP has reviewed NY N293615and has determined this ruling letter to be in error. It is now CBP’sposition that the “Thermo Action” supplement is properly classified inheading 2106, HTSUS, specifically in subheading 2106.90.98, HT-SUS, which provides for “Food preparations not elsewhere specifiedor included: Other: Other: Other: Other: Other: Other.”

Pursuant to 19 U.S.C. § 1625(c)(1), CBP is modifying NY N293615and revoking or modifying any other ruling not specifically identifiedto reflect the analysis contained in HQ H295066, set forth as anattachment to this notice. Additionally, pursuant to 19 U.S.C. §1625(c)(2), CBP is revoking any treatment previously accorded byCBP to substantially identical transactions.

In accordance with 19 U.S.C. § 1625(c), this ruling will becomeeffective 60 days after publication in the Customs Bulletin.Dated: June 28, 2019


MYLES B. HARMON,Director

Commercial and Trade Facilitation Division

Attachment


HQ H295066June 28, 2019

CLA-2 OT:RR:CTF:FTM H295066 TSMCATEGORY: Classification

TARIFF NO.: 2106.90.98MR. JOSEPH WALTER

LIVINGSTON INTERNATIONAL

670 YOUNG STREET

TONAWANDA, NY 14150

RE: Modification of New York Ruling Letter (“NY”) N293615; The tariffclassification of the “Thermo Action” dietary supplement.

DEAR MR. WALTER:This is in reference to New York Ruling Letter (“NY”) N293615, dated

February 9, 2018, issued to you on behalf of Immunotec, Inc., concerning thetariff classification of the “Thermo Action” dietary supplement under theHarmonized Tariff Schedule of the United States (“HTSUS”). In that ruling,U.S. Customs and Border Protection (“CBP”) classified the “Thermo Action”product under heading 2101, HTSUS, which provides for “Extracts, essencesand concentrates, of coffee, tea or mate and preparations with a basis of theseproducts or with a basis of coffee, tea or maté; roasted chicory and otherroasted coffee substitutes, and extracts, essences and concentrates thereof.”Upon additional review, we have found this classification to be incorrect. Forthe reasons set forth below we hereby modify NY N293615 with regard to thetariff classification of the “Thermo Action” product.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625 (c)(1)), asamended by section 623 of title VI (Customs Modernization) of the NorthAmerican Free Trade Agreement Implementation Act (Pub. L. 103–182, 107Stat. 2057), a notice was published in the Customs Bulletin, Volume 53, No.13, on May 1, 2019, proposing to modify NY N293615 and revoke any treat-ment accorded to substantially identical transactions. No comments werereceived in response to the notice.

FACTS:

NY N293615 states that the “Thermo Action” product contains approxi-mately 59 percent green tea extract and 18 percent guarana. The remainingingredients are magnesium stearate, microcrystalline cellulose, vegetablecapsule (hydroxyropyl methyl cellulose), and a trace amount of chromium.The product is said to function as a dietary supplement that provides weightmanagement. The product is imported for retail sale in bottles containing 120capsules.

ISSUE:

What is the tariff classification of the “Thermo Action” product at issue?

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the GeneralRules of Interpretation (“GRIs”). GRI 1 provides that the classification ofgoods shall be determined according to the terms of the headings of the tariffschedule and any relative section or chapter notes. In the event that the


goods cannot be classified solely on the basis of GRI 1, and if the headings andlegal notes do not otherwise require, the remaining GRIs 2 through 6 maythen be applied in order.

The HTSUS provisions under consideration are as follows:

2101 Extracts, essences and concentrates, of coffee, tea or mate and prepa-rations with a basis of these products or with a basis of coffee, tea ormaté; roasted chicory and other roasted coffee substitutes, and ex-tracts, essences and concentrates thereof

* * *2106 Food preparations not elsewhere specified or included

* * *When interpreting the HTSUS, the Explanatory Notes (“ENs”) of the Har-

monized Commodity Description and Coding System may be utilized. TheENs, although not dispositive or legally binding, provide a commentary onthe scope of each heading, and are generally indicative of the proper inter-pretation of the HTSUS. See T.D. 89–80, 54 Fed. Reg. 35127 (August 23,1989).

* * *Explanatory Note to heading 21.01 provides as follows:The heading covers:

(1) Coffee extracts, essences and concentrates. These may be made fromreal coffee (whether or not caffeine has been removed) or from amixture of real coffee and coffee substitutes in any proportion. Theymay be in liquid or powder form, usually highly concentrated. Thisgroup includes products known as instant coffee. This is coffee whichhas been brewed and dehydrated or brewed and then frozen and driedby vacuum.

(2) Tea or maté extracts, essences and concentrates. These products cor-respond, mutatis mutandis, to those referred to in paragraph (1).

(3) Preparations with a basis of the coffee, tea or maté extracts, essencesor concentrates of paragraphs (1) and (2) above. These are prepara-tions based on extracts, essences or concentrates of coffee, tea or maté(and not on coffee, tea or maté themselves), and include extracts, etc.,with added starches or other carbohydrates.

* * *These products may be presented in lump, granular or powder form, or asliquid or solid extracts. They may also be mixed either with one anotheror with other ingredients (e.g., salt or alkaline carbonates), and may beput up in various types of containers.

* * *Explanatory Note to heading 21.06 provides, in relevant part, as follows:

Provided that they are not covered by any other heading of the Nomen-clature, this heading covers:

(B) Preparations consisting wholly or partly of foodstuffs, used in themaking of beverages or food preparations for human consumption.The heading includes preparations consisting of mixtures of chemi-cals (organic acids, calcium salts, etc.) with foodstuffs (flour, sugar,milk powder, etc.), for incorporation in food preparations either as


ingredients or to improve some of their characteristics (appearance,keeping qualities, etc.)(see the General Explanatory Note to Chapter38).

The heading includes, inter alia :(16) Preparations, often referred to as food supplements, based on extracts

from plants, fruit concentrates, honey, fructose, etc. and containingadded vitamins and sometimes minute quantities of iron compounds.These preparations are often put up in packagings with indicationsthat they maintain general health or well-being. Similar prepara-tions, however, intended for the prevention or treatment of diseasesor ailments are excluded (heading 30.03 or 30.04 ).

* * *Upon additional review, we find that the “Thermo Action” dietary supple-

ment is covered by heading 2106, HTSUS.1 According to the ENs cited above,this heading provides for preparations, often referred to as food supplements,based on extracts from, among others, plants, and containing mixtures ofchemicals (organic acids, calcium salts, etc.) and foodstuffs, for incorporationin food preparations either as ingredients or to improve some of their char-acteristics (appearance, keeping qualities, etc.)

The “Thermo Action” is a dietary supplement based on tea extract, which isa plant extract, and also contains guarana, a plant ingredient, along withseveral ingredients intended to improve the supplement’s characteristics,such as: (1) magnesium stearate, which functions to prevent capsule contentsfrom sticking; (2) microcrystalline cellulose, which functions as a texturizer,an anti-caking agent, an emulsifier and a bulking agent; and (3) hydroxypro-pyl cellulose, which is used as a binder, a thickening agent, and a viscosityincreasing agent. In addition, the “Thermo Action” supplement is imported incapsule form. See HQ 956890, dated December 12, 1994 (classifying foodsupplements in tablet and capsule forms in heading 2106, HTSUS).

Although in NY N293615, dated February 9, 2018, the “Thermo Action”product was classified in heading 2101, HTSUS, we find this classification tobe incorrect. According to the ENs to heading 21.01, this heading provides forpreparations based on extracts of coffee, tea or maté, with added starches orother carbohydrates, and presented in lump, granular or powder form. Whilethe “Thermo Action” product is based on tea extract, it also contains otheringredients that are not “added starches or other carbohydrates.” Finally, the“Therma Action” product is not imported in lump, granular or powder form.

Based on the foregoing, we find that the “Thermo Action” product is clas-sified in heading 2106, HTSUS, and specifically in subheading 2106.90.98,HTSUS, which provides for “Food preparations not elsewhere specified orincluded: Other: Other: Other: Other: Other: Other.”

HOLDING:

By application of GRIs 1 and 6, we find that the “Thermo Action” productis classified under heading 2106, HTSUS, and specifically in subheading2106.90.98, HTSUS, which provides for “Food preparations not elsewherespecified or included: Other: Other: Other: Other: Other: Other.” The 2018column one, general rate of duty is 6.4% ad valorem.

1 Food supplements are also called dietary or nutritional supplements. See https://www.eufic.org/en/healthy-living/article/food-supplements-who-needs-them-and-when.



NY N293615, dated February 9, 2018, is hereby MODIFIED.Sincerely,

MYLES B. HARMON,Director

Commercial and Trade Facilitation Division


REVOCATION OF THREE RULING LETTERS ANDREVOCATION OF TREATMENT RELATING TO THE

TARIFF CLASSIFICATION OF TEXTILE CAR COVERS


ACTION: Notice of revocation of three ruling letters, and revocationof treatment relating to the tariff classification of textile car covers.

SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C.§ 1625(c)), as amended by section 623 of title VI (Customs Modern-ization) of the North American Free Trade Agreement Implementa-tion Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises inter-ested parties that U.S. Customs and Border Protection (CBP) isrevoking three ruling letters concerning tariff classification of textilecar covers under the Harmonized Tariff Schedule of the United States(HTSUS). Similarly, CBP is revoking any treatment previously ac-corded by CBP to substantially identical transactions. Notice of theproposed action was published in the Customs Bulletin, Vol. 53, No.15, on May 15, 2019. No comments were received in response to thatnotice.


FOR FURTHER INFORMATION CONTACT: Parisa J. Ghazi,Food, Textiles and Marking Branch, Regulations and Rulings,Office of Trade, at (202) 325–0272.

SUPPLEMENTARY INFORMATION: BACKGROUND

Current customs law includes two key concepts: informed compli-ance and shared responsibility. Accordingly, the law imposes an obli-gation on CBP to provide the public with information concerning thetrade community’s responsibilities and rights under the customs andrelated laws. In addition, both the public and CBP share responsibil-ity in carrying out import requirements. For example, under section484 of the Tariff Act of 1930, as amended (19 U.S.C. § 1484), theimporter of record is responsible for using reasonable care to enter,classify and value imported merchandise, and to provide any otherinformation necessary to enable CBP to properly assess duties, collectaccurate statistics, and determine whether any other applicable legalrequirement is met.

Pursuant to 19 U.S.C. § 1625(c)(1), a notice was published in theCustoms Bulletin, Vol. 53, No. 15, on May 15, 2019, proposing to


revoke three ruling letters pertaining to the tariff classification oftextile car covers. Any party who has received an interpretive rulingor decision (i.e., a ruling letter, internal advice memorandum ordecision, or protest review decision) on the merchandise subject tothis notice should have advised CBP during the comment period.


In NY 864763, dated July 8, 1991, NY 866826, dated September 20,1991, and Headquarters Ruling Letter (“HQ”) 088040, dated January16, 1991, CBP classified textile car covers in heading 8708, HTSUS,specifically in subheading 8708.99.50, HTSUS, which provided for“Parts and accessories of the motor vehicles of headings 8701 to 8705:Other parts and accessories: Other: Other: Other.” CBP has reviewedNY 864763, NY 866826, and HQ 088040 and has determined theruling letters to be in error. It is now CBP’s position that textile carcovers are properly classified, in heading 6307, HTSUS, specifically insubheading 6307.90.98, HTSUS, which provides for “Other made uparticles, including dress patterns: Other: Other: Other.”

Pursuant to 19 U.S.C. § 1625(c)(1), CBP is revoking NY 864763, NY866826, and HQ 088040, insofar as the textile covers are concerned,and revoking or modifying any other ruling not specifically identifiedto reflect the analysis contained in HQ H260066, set forth as anattachment to this notice. Additionally, pursuant to 19 U.S.C. §1625(c)(2), CBP is revoking any treatment previously accorded byCBP to substantially identical transactions.


YULIYA A. GULIS

forMYLES B. HARMON,

DirectorCommercial and Trade Facilitation Division

Attachment


HQ H260066July 9, 2019

OT:RR:CTF:FTM H260066 PJGCATEGORY: Classification

TARIFF NO.: 6307.90.98MR. MARK SOMMER

2 POPPYTRAIL

ROLLING HILLS, CA 90274

RE: Revocation of NY 864763, NY 866826, and HQ 088040; tariffclassification of textile car covers

DEAR MR. SOMMER:On July 8, 1991, U.S. Customs and Border Protection (“CBP”) issued to you

New York Ruling Letter (“NY”) 864763. It concerned the tariff classification ofa car cover under the Harmonized Tariff Schedule of the United States(“HTSUS”). We have reconsidered NY 864763 and found it to be in error.

CBP is also revoking NY 866826, dated September 20, 1991, which in-volved the classification of three automobile covers in heading 8708, HTSUS.The ruling is being revoked with regard to the non-woven polypropylene carcover and the non-woven polyester/nylon car cover.1 We are revoking theclassification of the vinyl car cover in a separate revocation ruling.

Finally, CBP is revoking HQ 088040, dated January 16, 1991, which con-cerned the classification of an automobile sun protection system, which per-manently mounted to the vehicle, and was imported with its hardware forinstallation.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. § 1625(c)(1)), asamended by section 623 of Title VI (Customs Modernization) of the NorthAmerican Free Trade Agreement Implementation Act, Pub. L. No. 103–182,107 Stat. 2057, 2186 (1993), notice of the proposed action was published onMay 15, 2019, in Volume 53, Number 15, of the Customs Bulletin. No com-ments were received in response to this notice.

FACTS:

In NY 864763, the subject car cover was described as follows:The imported product is a car cover made primarily of nylon material,with elastic straps and a leather piece. You indicate that the cover isspecifically designed and fitted to cover the windows and roof area of aChevrolet Corvette automobile. The cover is affixed to the automobile bymeans of the elastic straps with VELCRO fasteners.

In NY 864763, CBP classified the subject merchandise in heading 8708,HTSUS, and specifically under subheading 8708.99.5085, HTSUSA2, whichprovided for “Parts and accessories of the motor vehicles of headings 8701 to8705: Other parts and accessories: Other: Other: Other.”

In HQ 088040, the automobile sun protection system called the “Car-Shadow” was described as follows:

1 Although this ruling only affects two of the articles which are the subject of NY 866826,the effect will be that the classification of all the articles will be changed, effectivelyrevoking NY 866826.2 This language is from the 1991 version of the HTSUSA, and this particular subheadingdoes not exist in the 2019 version of the HTSUSA.


a weather protection system for automobiles, vans, and trucks. The ap-paratus is permanently mounted to the vehicle. The inquirer states thatthe product is suited to those areas of the country that are subject toextreme heat caused by the hot, bright sun. It is stated that the Car-Shadow can reduce interior heat in a vehicle by as much as 30 degreesCelsius (54 degrees Fahrenheit). It also helps protect the upholstery fromfading, keeps the steering wheel from getting hot, and lessens the chancesof dashboard cracking due to the continual exposure to heat buildup inthe vehicle. In cold climates the Car-Shadow prevents ice and frost on thecar.

The Car-Shadow operates as a roller shade which is integrated into a rearspoiler. When needed to reduce interior heat the cover is pulled over theparked vehicle and fastened to the hood of the vehicle by means of a clasp.The shade covers the roof, front, rear, and side windows of the automobile.It is available in different sizes and will fit most models of automobiles.The Car-Shadow is imported with its hardware (two mounting plateswith fastening screws, nuts, washers, wrench and hex wrench). Installa-tion instructions indicate that the mounting plates are positioned on thetrunk lid and the Car-Shadow housing (with the cover positioned over aroller mechanism) is mounted on the outer surface of the trunk.

ISSUE:

Whether the subject car covers are classifiable in heading 6307, HTSUS,which provides for “Other made up articles, including dress patterns,” orunder heading 8708, HTSUS, which provides for “Parts and accessories of themotor vehicles of headings 8701 to 8705.”

LAW AND ANALYSIS:

Classification determinations under the Harmonized Tariff Schedule of theUnited States (“HTSUS”) are made in accordance with the General Rules ofInterpretation (“GRI”). GRI 1 provides that the classification of goods shall bedetermined according to the terms of the headings of the tariff schedule andany relative Section or Chapter Notes. In the event that the goods cannot beclassified solely on the basis of GRI 1, and if the headings and legal notes donot otherwise require, the remaining GRIs may then be applied.

GRI 2(b) provides as follows:Any reference in a heading to a material or substance shall be taken toinclude a reference to mixtures or combinations of that material or sub-stance with other materials or substances. Any reference to goods of agiven material or substance shall be taken to include a reference to goodsconsisting wholly or partly of such material or substance. The classifica-tion of goods consisting of more than one material or substance shall beaccording to the principles of rule 3.

GRI 3(b) provides as follows:When, by application of rule 2(b) or for any other reason, goods are, primafacie, classifiable under two or more headings, classification shall beeffected as follows:

(b) Mixtures, composite goods consisting of different materials or made upof different components, and goods put up in sets for retail sale, whichcannot be classified by reference to 3(a), shall be classified as if they


consisted of the material or component which gives them their essentialcharacter, insofar as this criterion is applicable.

The 2019 HTSUS provisions under consideration are as follows:

6307 Other made up articles, including dress patterns:

8708 Parts and accessories of the motor vehicles of headings 8701 to 8705:

Note 3 to Section XVII states as follows:References in chapters 86 to 88 to “parts” or “accessories” do not apply toparts or accessories which are not suitable for use solely or principallywith the articles of those chapters. A part or accessory which answers toa description in two or more of the headings of those chapters is to beclassified under that heading which corresponds to the principal use ofthat part or accessory.

The Harmonized Commodity Description and Coding System ExplanatoryNotes (“ENs”) constitute the “official interpretation of the Harmonized Sys-tem” at the international level. See 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).While neither legally binding nor dispositive, the ENs “provide a commentaryon the scope of each heading” of the HTSUS and are “generally indicative of[the] proper interpretation” of these headings. See id.

ENs (XII) to GRI 2(b) states:(XII) It does not, however, widen the heading so as to cover goods whichcannot be regarded, as required under Rule 1, as answering the descrip-tion in the heading; this occurs where the addition of another material orsubstance deprives the goods of the character of goods of the kind men-tioned in the heading.

EN to Section XVII states, in pertinent part:* * *

(III) PARTS AND ACCESSORIES

* * *It should, however, be noted that these headings apply only to thoseparts or accessories which comply with all three of the followingconditions: (a) They must not be excluded by the terms of Note 2 to thisSection (see paragraph (A) below).and (b) They must be suitable for use solely or principally with thearticles of Chapters 86 to 88 (see paragraph (B) below).and (c) They must not be more specifically included elsewhere inthe Nomenclature (see paragraph (C) below).

* * *EN to 63.06 states, in pertinent part:

This heading covers a range of textile articles usually made from strong,close-woven canvas.

(1) Tarpaulins. These are used to protect goods stored in the open orloaded on ships, wagons, lorries, etc., against bad weather. They aregenerally made of coated or uncoated man-made fibre fabrics, or heavy tofairly heavy canvas (of hemp, jute, flax or cotton). They are waterproof.Those made of canvas are usually rendered waterproof or rotproof by


treatment with tar or chemicals. Tarpaulins are generally in the form ofrectangular sheets, hemmed along the sides, and may be fitted witheyelets, cords, straps, etc. Tarpaulins which are specially shaped (e.g., forcovering hayricks, decks of small vessels, lorries, etc.) also fall in thisheading provided they are flat.

Tarpaulins should not be confused with loose covers for motor-cars, ma-chines, etc., made of tarpaulin material to the shape of these articles, norwith flat protective sheets of lightweight material made up in a similarmanner to tarpaulins (heading 63.07).

EN to 63.07 states, in pertinent part:This heading covers made up articles of any textile material which arenot included more specifically in other headings of Section XVI orelsewhere in the Nomenclature.

It includes, in particular:

* * *

(7) Loose covers for motor–cars, machines, suitcases, tennis rackets, etc.

* * *EN to 87.08 states, in pertinent part:

This heading covers parts and accessories of the motor vehicles of head-ings 87.01 to 87.05, provided the parts and accessories fulfil both thefollowing conditions:

(i) They must be identifiable as being suitable for use solely orprincipally with the above-mentioned vehicles;and (ii) They must not be excluded by the provisions of the Notes toSection XVII (see the corresponding General Explanatory Note).

Parts and accessories of this heading include :

(A) Assembled motor vehicle chassis-frames (whether or not fitted withwheels but without engines) and parts thereof (side-members, braces,cross-members; suspension mountings; supports and brackets for thecoachwork, engine, running-boards, battery or fuel tanks, etc.).

(B) Parts of bodies and associated accessories, for example, floor boards,sides, front or rear panels, luggage compartments, etc.; doors and partsthereof; bonnets (hoods); framed windows, windows equipped with heat-ing resistors and electrical connectors, window frames; running-boards;wings (fenders), mudguards; dashboards; radiator cowlings; number-plate brackets; bumpers and over-riders; steering column brackets; exte-rior luggage racks; visors; non-electric heating and defrosting applianceswhich use the heat produced by the engine of the vehicle; safety seat beltsdesigned to be permanently fixed into motor vehicles for the protection ofpersons; floor mats (other than of textile material or unhardened vulca-nised rubber), etc. Assemblies (including unit construction chassis-bodies)not yet having the character of incomplete bodies, e.g., not yet fitted withdoors, wings (fenders), bonnets (hoods) and rear compartment covers, etc.,are classified in this heading and not in heading 87.07.


(C) Clutches (cone, plate, hydraulic, automatic, etc., but not the electro-magnetic clutches of heading 85.05), clutch casings, plates and levers,and mounted linings.

(D) Gear boxes (transmissions) of all types (mechanical, overdrive, pre-selector, electro-mechanical, automatic, etc.); torque converters; gear box(transmission) casings; shafts (other than internal parts of engines ormotors); gear pinions; direct-drive dog-clutches and selector rods, etc.

(E) Drive-axles, with differential; non-driving axles (front or rear); cas-ings for differentials; sun and planet gear pinions; hubs, stub-axles (axlejournals), stub-axle brackets.

(F) Other transmission parts and components (for example, propellershafts, half-shafts; gears, gearing; plain shaft bearings; reduction gearassemblies; universal joints). But the heading excludes internal parts ofengines, such as connecting-rods, push-rods and valvelifters of heading84.09 and crank shafts, cam shafts and flywheels of heading 84.83.

(G) Steering gear parts (for example, steering column tubes, steeringtrack rods and levers, steering knuckle tie rods; casings; racks and pin-ions; servo-steering mechanisms).

(H) Brakes (shoe, segment, disc, etc.) and parts thereof (plates, drums,cylinders, mounted linings, oil reservoirs for hydraulic brakes, etc.);servo-brakes and parts thereof.

(IJ) Suspension shock-absorbers (friction, hydraulic, etc.) and other sus-pension parts (other than springs), torsion bars.

(K) Road wheels (pressed steel, wire-spoked, etc.), whether or not fittedwith tyres; tracks and sets of wheels for tracked vehicles; rims, discs,hub-caps and spokes.

(L) Control equipment, for example, steering wheels, steering columnsand steering boxes, steering wheel axles; gear-change and hand-brakelevers; accelerator, brake and clutch pedals; connecting-rods for brakes,clutches.

(M) Radiators, silencers (mufflers) and exhaust pipes, fuel tanks, etc.

(N) Clutch cables, brakes cables, accelerator cables and similar cables,consisting of a flexible outer casing and a moveable inner cable. They arepresented cut to length and equipped with end fittings.

(O) Safety airbags of all types with inflater system (e.g., driver-sideairbags, passenger-side airbags, airbags to be installed in door panels forside-impact protection or airbags to be installed in the ceiling of thevehicle for extra protection for the head) and parts thereof. The inflatersystems include the igniter and propellant in a container that directs theexpansion of gas into the airbag. The heading excludes remote sensors orelectronic controllers, as they are not considered to be parts of the inflatersystem.

* * *In Bauerhin Techs. Ltd. P’ship. v. United States, 110 F.3d 774 (Fed. Cir.

1997), the court identified two distinct lines of cases defining the word “part.”


Consistent with United States v. Willoughby Camera Stores, Inc., 21 C.C.P.A.322, 324 (1933) (citations omitted), one line of cases holds that a part of anarticle “is something necessary to the completion of that article. . . . [W]ithoutwhich the article to which it is to be joined, could not function as such article.”The other line of cases evolved from United States v. Pompeo, 43 C.C.P.A. 9,14 (1955), which held that a device may be a part of an article even though itsuse is optional and the article will function without it, if the device isdedicated for use upon the article, and, once installed, the article will notoperate without it. The definition of “parts” was also discussed in Rollerblade,Inc. v. United States, 282 F.3d 1349, 1353 (Fed. Cir. 2002), wherein the UnitedStates Court of Appeals for the Federal Circuit (“CAFC”) defined parts as “anessential element or constituent; integral portion which can be separated,replaced, etc.” Id. at 1353 (citing Webster’s New World Dictionary 984 (3dCollege Ed. 1988). This line of reasoning has been applied in previous CBPrulings. See e.g., HQ H255093 (Jan. 14, 2015); HQ H238494 (June 26, 2014);HQ H027028 (Aug. 19, 2008).

Insofar as the term “accessory” is concerned, the Court of InternationalTrade (“CIT”) has previously referred to the common meaning of the termbecause the term is not defined by the HTSUS or its legislative history. SeeRollerblade, Inc. v. United States, 24 Ct. Int’l Trade 812, 815–819 (2000),aff’d, 282 F.3d 1349 (Fed. Cir. 2002)). We also employ the common andcommercial meanings of the term “accessory”, as the CIT did in Rollerblade,Inc., wherein the court derived from various dictionaries “that an accessorymust relate directly to the thing accessorized.” See Rollerblade, Inc., 24 Ct.Int’l Trade at 817. In Rollerblade, Inc., the CAFC noted that “an ‘accessory’must bear a direct relationship to the primary article that it accessorizes.”282 F.3d at 1352 (holding that inline roller skating protective gear is not anaccessory because it “does not directly act on” or “contact” the roller skates).In support of its finding that the protective gear was not an accessory to rollerskates, the CAFC also noted that the “protective gear does not directly affectthe skates’ operation.” Id. at 1353.

The subject merchandise in this case is not a “part” under any of the testsprovided in the judicial decisions described above. It is not a “part” under theWilloughby test because a car can function without the instant cover. It is alsonot a “part” under the Pompeo test because firstly, it is secured onto the carusing its elastic straps with VELCRO fasteners, which likely would notconstitute being “installed”, but also because even if it were considered“installed”, the car can still operate without the cover. See also Rollerblade,Inc., 282 F.3d at 1353 (the CAFC found that the protective gear was not a partto the roller skates because they did not “attach to or contact” the rollerskates, they were “not necessary to make the skates ... work”, nor were “theynecessary to make the skates ... work efficiently or safely.”) In any case, thesubject merchandise is not a “part” because it is not essential, constituent orintegral to the vehicle. See id.

The subject merchandise is also not an “accessory” of motor vehicles. Likethe protective gear in Rollerblade, Inc. and the truck tents classified in HQH242603 (April 3, 2015), the car cover at issue does not directly affect thecar’s operation nor does it contribute to the car’s effectiveness. See Roller-blade, Inc., 282 F.3d at 1353; HQ 960950 (Jan. 16, 1998) (stating that “[a]c-cessories are of secondary importance,” but must “somehow contribute to theeffectiveness of the principal article”). Instead, the instant car cover providesprotection to a car when it is not in use. In fact, like the truck tents in HQ


H242603, in order for the car cover to be usable thereon, the car must beparked. Also, like the truck tents in HQ H242603 (April 3, 2015), the car coverdoes not contribute to the car’s safe and efficient use.

Although the subject car cover is sometimes in contact with the car (unlikethe protective gear in Rollerblade, Inc., which was never in contact with rollerskates), the car cover is not in contact with the car while the car is in use. Inthis regard, we note that the exemplars of parts and accessories provided inEN 87.08, such as mudguards, exterior luggage racks, number-plate brack-ets, and floor mats, stay on the motor vehicle when it is in use and when it notin use. Therefore, the car cover is neither a part nor an accessory becauseunlike the exemplars in the EN and unlike the articles in Rollerblade, it is incontact with the car only when the car is not in use and consequently cannotbear a direct relationship to the operation of the car. Since the subjectmerchandise is neither a “part” nor an “accessory” we need not considerGeneral Explanatory Note (III) to Section XVII or the remainder of EN 87.08.

In HQ 953273, dated February 16, 1993, CBP cited to HQ 087596, datedJanuary 31, 1991, wherein CBP distinguished between “loose” and fittedmotor vehicle covers and classified fitted motor vehicle covers as parts andaccessories for motor vehicles. In HQ 953273, CBP determined on the basis ofEN 63.06, that “there is no reason to distinguish between ‘loose’ motor vehiclecovers and fitted covers” and that “the authors of the Harmonized CommodityDescription and Coding System did not intend for motor vehicle covers to beclassified as parts and accessories for motor vehicles. Instead, automobilecovers must be viewed as items related to tarpaulins.” CBP proceeded to notethat motor vehicle covers are not classifiable as tarpaulins because they arenot flat, but “this fact does not transform the covers into parts and accesso-ries. Rather, they are to be classified as other made up textile articles notmore particularly described in the Nomenclature under heading 6307.” Ul-timately, CBP classified the subject motor vehicle covers under subheading6307.90.9986, HTSUS, which provided for “Other made up articles, includingdress patterns: Other: Other: Other: Other: Other.” This same reasoning wasused in HQ 953272 and HQ 953274, both dated February 16, 1993.

In NY 864763, we stated that the subject merchandise is made primarily ofnylon material, with elastic straps and VELCRO fasteners, and a leatherpiece. After applying GRI 2(b) and EN (XII) to GRI 2(b), we do not find thatthe existence of the elastic straps with VELCRO fasteners and the leatherpiece preclude the merchandise from being considered a made up article oftextile material under heading 6307, HTSUS, because the article itself, thecar cover, is composed of textile fabric, and the elastic straps with VELCROfasteners, and presumably, the leather piece, are used to secure the car coverto the car, and do not deprive the article of the character of a textile article.

In accordance with the reasoning in HQ 953272, HQ 953273, and HQ953274, we find that the subject merchandise is classified in heading 6307,HTSUS, specifically under subheading 6307.90.98, HTSUS, which providesfor “Other made up articles, including dress patterns: Other: Other: Other.”

We are also revoking NY 866826, which involved the classification of threeautomobile covers in heading 8708, HTSUS. The ruling is being revoked withregard to the non-woven polypropylene car cover and the non-wovenpolyester/nylon car cover. We are revoking the classification of the vinyl carcover in a separate revocation ruling. The non-woven polypropylene car coverand the non-woven polyester/nylon car cover are both made up articles of


textile material and are properly classified in subheading 6307.90.98, HT-SUS, which provides for “Other made up articles, including dress patterns:Other: Other: Other.”

Finally, we are revoking HQ 088040 because the sun protection system,which was classified under heading 8708, HTSUS, is neither a part nor anaccessory. Specifically, the sun protection system is not a part under Wil-loughby or Pompeo because it is not “necessary to the completion” of the carand the car can still function without it. See Willoughby, 21 C.C.P.A. at 324;Pompeo, 43 C.C.P.A. at 14. Finally, it is not a part under Rollerblade, becauseit is not “an essential element or constituent” of the car, nor is it an “integralportion” of the car, as it is not necessary to the operation of the car nor doesit impact its ability to function. See 282 F.3d at 1353. Although the sunprotection system is in direct contact with the car when it is mounted, the sunprotection system is not an accessory because it does not directly affect thecar’s operation. See id. Moreover, unlike the exemplars provided in EN 87.08,the sun protection system is only meant to be used when the car is not in use.Accordingly, the sun protection system in HQ 088040 is not classifiable underheading 8708, HTSUS, as a part or accessory of motor vehicles. In accordancewith the reasoning in HQ 953272, HQ 953273, and HQ 953274, we find thatthe sun protection system is classified in heading 6307, HTSUS, specificallyunder subheading 6307.90.98, HTSUS, which provides for “Other made uparticles, including dress patterns: Other: Other: Other.”

However, HQ 088040 states that the sun protection system is importedtogether with its hardware (two mounting plates with fastening screws, nuts,washers, wrench and hex wrench) for installation and these articles areclassifiable under more than one heading so we must consider GRI 3 for theclassification of this merchandise. GRI 3(b) addresses the classification ofgoods put up in sets for retail sale and it states that retail sets shall beclassified as if they consisted of the component which gives them theiressential character. EN(X) to GRI 3(b) states the following:

(X) For the purposes of this Rule, the term “goods put up in sets for retailsale” shall be taken to mean goods which:

(a) consist of at least two different articles which are, prima facie,classifiable in different headings. Therefore, for example, six fondueforks cannot be regarded as a set within the meaning of this Rule;(b) consist of products or articles put up together to meet a particularneed or carry out a specific activity; and(c) are put up in a manner suitable for sale directly to end userswithout repacking (e.g., in boxes or cases or on boards).

Applying the definition of the phrase “goods put up in sets for retail sale”provided in EN(X) to GRI 3(b), the sun protection system and its accompa-nying hardware meet the first requirement because they consist of at leasttwo different articles that are prima facie classifiable in different headings ofthe HTSUS. The products also meet the second requirement because thehardware is provided together with the sun protection system in order tofacilitate the mounting of the sun protection system onto a car. Finally, HQ088040 does not provide any reason to believe that the sun protection systemand its hardware will need to be repacked. Therefore, the sun protectionsystem and its hardware are “goods put up in sets for retail sale,” which mustbe classified using GRI 3(b).


EN GRI 3(b) (VIII) lists factors to help determine the essential character ofsuch goods, specifically: “the nature of the material or component, its bulk,quantity, weight or value, or by the role of a constituent material in relationto the use of the goods.” The U.S. Court of International Trade has indicatedthat the factors listed in EN GRI 3(b) (VIII) are “instructive” but “not ex-haustive” and has indicated that the goods must be “‘reviewed as a whole.’”The Home Depot, U.S.A., Inc. v. United States, 30 Ct. Int’l Trade 445, 459–460(2006) (citing A.N. Deringer, Inc. v. United States, 66 Cust. Ct. 378, 384 (1971)(citation omitted)). With regard to the good which imparts the essentialcharacter, the court has stated that it is “‘that which is indispensable to thestructure, core or condition of the article, i.e., what it is.’” Id. at 460 (citingA.N. Deringer, Inc., 66 Cust. Ct. at 383).

The bulk, weight and value of the sun protection system supersedes that ofits hardware. Moreover, the sun protection system is indispensable to thecore of the set because the set is designed to protect a car from extreme heatcaused by the sun and to protect it from the accumulation of ice and frost.Therefore, the essential character of the sun protection system and its hard-ware is imparted by the sun protection system. Accordingly, by application ofGRIs 3(b) and 6, the sun protection system and its hardware is properlyclassified under 6307.90.98, HTSUS.

HOLDING:

Under the authority of GRIs 1, 2(b)3, 3(b)4 , and 6 the subject textile carcovers are classified under heading 6307, HTSUS, specifically under sub-heading 6307.90.98, HTSUS, which provides for “Other made up articles,including dress patterns: Other: Other: Other.” The 2019 column one, generalrate of duty is 7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change.The text of the most recent HTSUS and the accompanying duty rates areprovided on the internet at www.usitc.gov/tata/hts/.


HQ 088040, dated January 16, 1991, is REVOKED.NY 864763, dated July 8, 1991, is REVOKED.NY 866826, dated September 20, 1991, is REVOKED.In accordance with 19 U.S.C. § 1625(c), this ruling will become effective 60

days after its publication in the Customs Bulletin.Sincerely,

YULIYA A. GULIS

forMYLES B. HARMON,


3 GRI 2(b) only applies to the subject merchandise in NY 864763, dated July 8, 1991.4 GRI 3(b) only applies to the subject merchandise in HQ 088040, dated January 16, 1991.


19 CFR PART 177

MODIFICATION OF TWO RULING LETTERS ANDREVOCATION OF TREATMENT RELATING TO THE

TARIFF CLASSIFICATION AND STATUS UNDER THEAFRICAN GROWTH AND OPPORTUNITY ACT OF FRUIT

PRODUCTS CONTAINING PINEAPPLE AND MANGO WITHLIME JUICE AND PINEAPPLE AND BANANA WITH LIME

JUICE


ACTION: Notice of modification of two ruling letters and revocationof treatment relating to the tariff classification of products containingpineapple and mango with lime juice, and pineapple and banana withlime juice.

SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C.§ 1625(c)), as amended by section 623 of title VI (Customs Modern-ization) of the North American Free Trade Agreement Implementa-tion Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises inter-ested parties that U.S. Customs and Border Protection (CBP) ismodifying two ruling letters concerning tariff classification under theHarmonized Tariff Schedule of the United States (“HTSUS”) andstatus under the African Growth and Opportunity Act (“AGOA”), offruit products containing pineapple and mango with lime juice andpineapple and banana with lime juice. Similarly, CBP is revoking anytreatment previously accorded by CBP to substantially identicaltransactions. Notice of the proposed action was published in theCustoms Bulletin, Vol. 53, No. 15, on May 15, 2019. No commentswere received in response to that notice.


FOR FURTHER INFORMATION CONTACT: Tatiana SalnikMatherne, Food, Textiles and Marking Branch, Regulations andRulings, Office of Trade, at (202) 325–0351.


BACKGROUND

Current customs law includes two key concepts: informed compli-ance and shared responsibility. Accordingly, the law imposes an obli-gation on CBP to provide the public with information concerning the


trade community’s responsibilities and rights under the customs andrelated laws. In addition, both the public and CBP share responsibil-ity in carrying out import requirements. For example, under section484 of the Tariff Act of 1930, as amended (19 U.S.C. § 1484), theimporter of record is responsible for using reasonable care to enter,classify and value imported merchandise, and to provide any otherinformation necessary to enable CBP to properly assess duties, collectaccurate statistics, and determine whether any other applicable legalrequirement is met.

Pursuant to 19 U.S.C. § 1625(c)(1), a notice was published in theCustoms Bulletin, Vol. 53, No. 15, on May 15, 2019, proposing tomodify two ruling letters pertaining to the tariff classification andstatus under the AGOA of fruit products containing pineapple andmango with lime juice, and pineapple and banana with lime juice.Any party who has received an interpretive ruling or decision (i.e., aruling letter, internal advice memorandum or decision, or protestreview decision) on the merchandise subject to this notice shouldhave advised CBP during the comment period.


In NY N296311, dated May 18, 2018, CBP classified fruit productscontaining pineapple and mango with lime juice and pineapple andbanana with lime juice, in heading 2008, HTSUS, specifically insubheading 2008.97.90, HTSUS, which provides for “Fruit, nuts andother edible parts of plants, otherwise prepared or preserved,whether or not containing added sugar or other sweetening matter orspirit, not elsewhere specified or included: Other, including mixturesother than those of subheading 2008.19: Mixtures: Other.” Further, inNY N296311 CBP determined that the fruit products at issue are notentitled to duty-free treatment under the AGOA.

In NY N293259, dated February 7, 2018, CBP classified fruit prod-ucts containing pineapple and mango with lime juice, and pineappleand banana with lime juice in heading 2008, specifically in subhead-ing 2008.97.10, HTSUS, which provides for “Fruit, nuts and otheredible parts of plants, otherwise prepared or preserved, whether ornot containing added sugar or other sweetening matter or spirit, notelsewhere specified or included: Other, including mixtures other than


those of subheading 2008.19: Mixtures: In airtight containers and notcontaining apricots, citrus fruits, peaches or pears.”

CBP has reviewed NY N296311 and NY N293259, and has deter-mined these ruling letters to be in error. It is now CBP’s position thatthe fruit products at issue are properly classified in heading 0813,HTSUS, specifically in subheading 0813.50.00, HTSUS, which pro-vides for “Fruit, dried, other than that of headings 0801 to 0806;mixtures of nuts or dried fruits of this chapter: Mixtures of nuts ordried fruits of this chapter.” Further, it is now CBP’s position that thefruit products at issue are entitled to duty-free treatment under theAGOA.

Pursuant to 19 U.S.C. § 1625(c)(1), CBP is modifying NY N293259and NY N296311, and revoking or modifying any other ruling notspecifically identified to reflect the analysis contained in HQH298338, set forth as an attachment to this notice. Additionally,pursuant to 19 U.S.C. § 1625(c)(2), CBP is revoking any treatmentpreviously accorded by CBP to substantially identical transactions.


YULIYA A. GULIS

forMYLES B. HARMON,


Attachment


HQ H298338July 8, 2019

CLA-2 OT:RR:CTF:FTM H298338 TSMCATEGORY: Classification

TARIFF NO.: 0813.50.00MS. JAN FOREST

J. FOREST CONSULTING

5604 CHEVY CHASE PARKWAY, NWWASHINGTON, DC 20015

RE: Modification of NY N296311 and NY N293259; Tariff classification andstatus under the African Growth and Opportunity Act of fruit productsfrom Ghana

DEAR MS. FOREST:This is in reference to New York Ruling Letter (NY) N296311, issued to J.

Forest Consulting on May 18, 2018, concerning the tariff classification ofcertain fruit products containing pineapple and mango with lime juice, andpineapple and banana with lime juice. In that ruling, U.S. Customs andBorder Protection (“CBP”) classified the subject merchandise under subhead-ing 2008.97.90, Harmonized Tariff Schedule of the United States (“HTSUS”),which provides for “Fruit, nuts and other edible parts of plants, otherwiseprepared or preserved, whether or not containing added sugar or othersweetening matter or spirit, not elsewhere specified or included: Other, in-cluding mixtures other than those of subheading 2008.19: Mixtures: Other.”The fruit products at issue, classified under subheading 2008.97.90, HTSUS,were determined not to be entitled to duty-free treatment under the AfricanGrowth and Opportunity ACT (AGOA).

This is also in reference to NY N293259, issued to J. Forest Consulting onFebruary 7, 2018. In that ruling, CBP classified the fruit products containingpineapple and mango with lime juice, and pineapple and banana with limejuice under subheading 2008.97.10, HTSUS, which provides for “Fruit, nutsand other edible parts of plants, otherwise prepared or preserved, whether ornot containing added sugar or other sweetening matter or spirit, not else-where specified or included: Other, including mixtures other than those ofsubheading 2008.19: Mixtures: In airtight containers and not containingapricots, citrus fruits, peaches or pears.” The fruit products at issue, classi-fied under subheading 2008.97.10, HTSUS, were determined to be entitled toduty free treatment under the AGOA.

Upon additional review, we have found NY N296311 to be incorrect withrespect to the tariff classification and status under the AGOA of the fruitproducts containing pineapple/mango with lime juice and pineapple/bananawith lime juice. We have also found NY N293259 to be incorrect with regardto the tariff classification of the fruit products containing pineapple/mangowith lime juice and pineapple/banana with lime juice. The tariff classificationof the other products at issue in those rulings, as well as their status underthe AGOA, are not at issue here. For the reasons set forth below, we herebymodify NY N296311 with respect to the tariff classification and status underthe AGOA of the fruit products containing pineapple/mango with lime juiceand pineapple/banana with lime juice. We also modify NY N293259 withrespect to the tariff classification of the fruit products containing pineapple/mango with lime juice and pineapple/banana with lime juice.


Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625 (c)(1)), asamended by section 623 of title VI (Customs Modernization) of the NorthAmerican Free Trade Agreement Implementation Act (Pub. L. 103–182, 107Stat. 2057), a notice was published in the Customs Bulletin, Volume 53, No.15, on May 15, 2019, proposing to modify NY N296311 and NY N293259, andrevoke any treatment accorded to substantially identical transactions. Nocomments were received in response to the notice.

FACTS:

NY N296311, describes the subject merchandise as follows:The pineapple/mango with lime juice products are said to be 49 percentpineapple, 49 percent mango, and 2 percent lime juice. The pineapple/banana with lime juice products are said to be 49 percent pineapple, 49percent banana, and 2 percent lime juice.

The fruit products will be imported in the shape of round balls for retailsale in airtight printed packaging weighing 2.5 grams, net or 5 grams,net, depending on the customer request. Some of the 2.5 gram, and 5gram balls will be bulk packed in an airtight bag in Ghana and latercoated with chocolate in the U.S.

The product ingredients are locally grown in Ghana. The manufacturingprocess for all of the products consists of washing, peeling, cutting; dryingthe fruit in a drying tunnel at temperatures between 60 and 70 degreesCelsius for approximately 14 to 18 hours; mixing, grinding and pressingthe fruit into round balls that are each individually wrapped in cello-phane.

The applicable subheading for the pineapple/mango with lime juice prod-ucts, and the pineapple/banana with lime juice products will be2008.97.9094, HTSUS, which provides for fruit, nuts and other edibleparts of plants, otherwise prepared or preserved, whether or not contain-ing added sugar or other sweetening matter or spirit, not elsewherespecified or included . . . other, including mixtures other than those ofsubheading 2008.19 . . . mixtures . . . other . . . other . . . other.

* * *The fruit products classifiable under subheading 2008.97.9094, HTSUS,are not entitled to duty-free treatment under AGOA.

NY N293259, describes the subject merchandise as follows:The pineapple/mango with lime juice products are said to be 49 percentpineapple, 49 percent mango, and 2 percent lime juice. The pineapple/banana with lime juice products are said to be 49 percent pineapple, 49percent banana, and 2 percent lime juice.

The product ingredients are locally grown in Ghana. The manufacturingprocess for all of the products consists of washing, peeling, cutting; dryingthe fruit in a drying tunnel at temperatures between 60 and 70 degreesCelsius for approximately 14 to 18 hours; mixing, grinding and pressingthe fruit into rectangles and squares that are each individually wrappedin cellophane.

The applicable subheading for the pineapple/mango with lime juice, andpineapple/banana with lime juice products will be 2008.97.1040, HTSUS,


which provides for fruit, nuts and other edible parts of plants, otherwiseprepared or preserved, whether or not containing added sugar or othersweetening matter or spirit, not elsewhere specified or included . . . other,including mixtures other than those of subheading 2008.19 . . . mixtures. . . in airtight containers and not containing apricots, citrus fruits,peaches or pears . . . other.

* * *Based on the information submitted, the fruit products would be “prod-ucts of” Ghana, and they would satisfy the 35 percent value-contentrequirement for AGOA purposes. Accordingly, the subject goods, classifi-able under subheading 2008.97.1040, HTSUS, are products of Ghana,and will be entitled to duty-free treatment under the African Growth andOpportunity Act (AGOA/“D”), upon satisfaction of the above-describedrequirements and compliance with all applicable regulations.

ISSUE:

What is the tariff classification of the subject fruit products containingpineapple/mango with lime juice, and pineapple/banana with lime juice?

LAW AND ANALYSIS:

Classification under the HTSUS is determined in accordance with theGeneral Rules of Interpretation (GRIs). GRI 1 provides that the classificationof goods shall be determined according to the terms of the headings of thetariff schedule and any relative section or chapter notes. In the event that thegoods cannot be classified solely on the basis of GRI 1, and if the headings andlegal notes do not otherwise require, the remaining GRIs 2 through 6 maythen be applied in order.

General Note 16, HTSUS, provides in relevant parts as follows:Products of Countries Designated as Beneficiary Countries under theAfrican Growth and Opportunity Act (AGOA).

(a) The following sub-Saharan African countries, having beendesignated as beneficiary sub-Saharan African countries forpurposes of the African Growth and Opportunity Act (AGOA),have met the requirements of the AGOA and, therefore, are to beafforded the tariff treatment provided in this note, shall betreated as beneficiary sub-Saharan African countries for purposesof this note:

* * * Republic of Ghana

* * *(b) Articles provided for in a provision for which a rate of duty

appears in the “Special” subcolumn followed by the symbol “D” inchapters 1 through 97 of the tariff schedule are those designatedby the President to be eligible articles pursuant to section 111(a)of the AGOA and section 506A of the Trade Act of 1974 (“the 1974Act”). Whenever an eligible article which is a good of a designatedbeneficiary sub-Saharan African country enumerated insubdivision (a) of this note is imported directly into the customsterritory of the United States, such article shall be entitled to


receive the duty-free treatment provided for herein, withoutregard to the limitations on preferential treatment of eligiblearticles in section 503(c)(2)(A) of the 1974 Act, provided that suchgood —

(i) is the growth, product or manufacture of a designatedbeneficiary sub-Saharan African country enumerated insubdivision (a) of this note, and

(ii) the sum of — (A) the cost or value of the materials produced in one or more

designated beneficiary sub-Saharan African countries, plus (B) the direct costs of processing operations performed in the

designated beneficiary sub-Saharan African country or anytwo or more designated beneficiary sub-Saharan Africancountries that are members of the same association ofcountries which is treated as one country under section507(a)2 of the 1974 Act, is not less than 35 per centum of theappraised value of such article at the time it is entered. Ifthe cost or value of the materials produced in the customsterritory of the United States is included with respect to aneligible article, an amount not to exceed 15 per centum of theappraised value of such article at the time it is entered thatis attributed to such United States cost or value may beapplied toward determining the percentage referred to inclause (ii)(B) above. No article or material of a designatedbeneficiary sub-Saharan African country enumerated insubdivision (a) of this note and receiving the tariff treatmentspecified in this note shall be eligible for such duty-freetreatment by virtue of having merely undergone simplecombining or packing operations, or mere dilution with wateror mere dilution with another substance that does notmaterially alter the characteristics of the article.

* * *In addition, in interpreting the HTSUS, the Explanatory Notes (ENs) of

the Harmonized Commodity Description and Coding System may be utilized.The ENs to the Harmonized Commodity Description and Coding Systemrepresent the official interpretation of the tariff at the international level.While neither legally binding nor dispositive, the ENs provide a commentaryon the scope of each heading of the HTSUS and are generally indicative of theproper interpretation of these headings. See T.D. 89–80, 54 Fed. Reg. 35127,35128 (August 23, 1989).

* * *The General EN to Chapter 8 provides, in pertinent part, the following:

This Chapter covers fruit, nuts and peel of citrus fruit or melons (includ-ing watermelons), generally intended for human consumption (whetheras presented or after processing). They may be fresh (including chilled),frozen (whether or not previously cooked by steaming or boiling in wateror containing added sweetening matter) or dried (including dehydrated,


evaporated or freeze-dried); provided they are unsuitable for immediateconsumption in that state, they may be provisionally preserved (e.g., bysulphur dioxide gas, in brine, in sulphur water or in other preservativesolutions).

* * *Fruit and nuts of this Chapter may be whole, sliced, chopped, shredded,stoned, pulped, grated, peeled or shelled.

It should be noted that homogenisation, by itself, does not qualify aproduct of this Chapter for classification as a preparation of Chapter 20.

* * *The EN to heading 08.13 provides in relevant part as follows:(A) Dried fruit.

This heading includes dried fruits which when fresh are classified inheadings 08.07 to 08.10. They are prepared either by direct drying in thesun or by industrial processes (e.g., tunnel-drying).

The fruits most commonly processed in this way are apricots, prunes,apples, peaches and pears. Dried apples and pears are used for themanufacture of cider or perry as well as for culinary purposes. With theexception of prunes, the fruits are usually halved or sliced, and stoned,cored or seeded. They may also be presented (particularly in the case ofapricots and prunes) in the form of slices or blocks of pulp, dried orevaporated.

The heading covers tamarind pods. It also includes tamarind pulp, with-out sugar or other substances added and not otherwise processed, with orwithout seeds, strings or pieces of the endocarp.

(B) Mixtures of nuts or dried fruits.The heading also covers all mixtures of nuts or dried fruits of this Chapter(including mixtures of nuts or dried fruits falling in the same heading). Ittherefore includes mixtures of fresh or dried nuts, mixtures of dried fruits(excluding nuts) and mixtures of fresh or dried nuts and dried fruits.These mixtures are often presented in boxes, cellulose packets, etc.

Certain dried fruits or mixtures of dried fruits of this heading may be putup (e.g., in sachets) for making herbal infusions or herbal “teas”. Theseproducts remain classified here.

However, the heading excludes such products consisting of a mixture ofone or more of the dried fruits of this heading with plants or parts ofplants of other Chapters or with other substances such as one or moreplant extracts (generally heading 21.06).

* * *The HTSUS provisions under consideration are as follows:

0813 Fruit, dried, other than that of headings 0801 to 0806; mix-tures of nuts or dried fruits of this chapter:

0813.50.00 Mixtures of nuts or dried fruits of this chapter

* * *


2008 Fruit, nuts and other edible parts of plants, otherwise pre-pared or preserved, whether or not containing added sugar orother sweetening matter or spirit, not elsewhere specified orincluded:

* * *

Other, including mixtures other than those of subhead-ing 2008.19:

* * *

2008.97 Mixtures:

2008.97.10 In airtight containers and not containingapricots, citrus fruits, peaches or pears

* * *

2008.97.90 Other

* * *

Upon review, we noted that the pineapple/mango and pineapple/bananafruit products at issue are dried in a drying tunnel at temperatures between60 and 70 degrees Celsius for approximately 14 to 18 hours. Online researchshows that typical fruit drying temperatures range between 140 and 158degrees Fahrenheit (corresponding to 60 – 70 degrees Celsius), and typicalfruit drying times range between 6 and 36 hours.1 Accordingly, we find thatthe fruit products at issue are dried fruit products of heading 0813, HTSUS,which provides for “Fruit, dried, other than that of headings 0801 to 0806;mixtures of nuts or dried fruits of this chapter.” We note that although in NYN296311 and NY N293259 these products were classified under heading2008, HTSUS, as “products otherwise prepared or preserved,” upon addi-tional review we find that the record does not support a conclusion that theyhave been “otherwise prepared or preserved” beyond drying. See also NYI81943, dated June 7, 2002 (classifying fruit products containing apricot,blackberry, blueberry, passion fruit, raspberry, strawberry, cherry and apple,dried at a temperature of 55 degrees Celsius for 12 hours, under heading0813, HTSUS).

Based on the foregoing, we conclude that the pineapple/mango andpineapple/banana fruit products at issue are classified in heading 0813,HTSUS, and specifically in subheading 0813.50.00, HTSUS, which providesfor “Fruit, dried, other than that of headings 0801 to 0806; mixtures of nutsor dried fruits of this chapter: Mixtures of nuts or dried fruits of this chapter.”

We next consider whether the products at issue are entitled to duty-freetreatment under the AGOA. General Note 16(a), referenced above, lists thesub-Saharan African countries which have been designated as beneficiariesfor purposes of the AGOA. One of the designated beneficiaries is the Republicof Ghana. Further, General Note 16(b) states in relevant part that articlesprovided for in a provision for which a rate of duty appears in the “Special”subcolumn followed by the symbol “D” are eligible for preferential treatment,provided that those articles are: (i) the growth, product or manufacture of adesignated beneficiary sub-Saharan African country enumerated in subdivi-sion (a) of note 16, and (ii) the sum of - (A) the cost or value of the materialsproduced in one or more designated beneficiary Sub-Saharan African coun-tries, plus (B) the direct costs of processing operations performed in the

1 http://www.cals.uidaho.edu/edcomm/pdf/pnw/pnw0397.pdf


designated beneficiary sub-Saharan African country, is not less than 35 percentum of the appraised value of such article at the time it is entered.

The pineapple/mango and pineapple/banana fruit products at issue areclassified under subheading 0813.50.00, HTSUS, which is a provision forwhich a rate of duty of “Free” appears in the “Special” subcolumn followed bythe symbol “D.” Further, based on the information provided, we find that (1)the fruit products are produced in Ghana and (2) approximately 69.4 – 71.2percent of the total cost of production is attributed to the cost or value of thematerials produced in Ghana, and approximately 19.9 - 21.2 percent of thetotal cost of production is attributed to the direct costs of processing opera-tions performed in Ghana. Therefore, the sum of the cost or value of materialsproduced in Ghana, plus the direct costs of processing operations performedin Ghana, is not less than 35 percent of the appraised value of the subjectfruit products at the time they are entered.

Based on the foregoing, we conclude that the pineapple/mango andpineapple/banana fruit products at issue, classified under subheading0813.50.00, HTSUS, are products of Ghana and will be entitled to duty-freetreatment under the African Growth and Opportunity Act (AGOA/“D”), uponsatisfaction of the above-described requirements and compliance with allapplicable regulations.

HOLDING:

By application of GRI 1, we find that the pineapple/mango and pineapple/banana fruit products at issue are classified in heading 0813, HTSUS. Spe-cifically, they are classified in subheading 0813.50.00, HTSUS, which pro-vides for “Fruit, dried, other than that of headings 0801 to 0806; mixtures ofnuts or dried fruits of this chapter: Mixtures of nuts or dried fruits of thischapter.” The 2018 column one, general rate of duty is 14%. The pineapple/mango and pineapple/banana fruit products at issue will be entitled to duty-free entry upon satisfaction of the relevant AGOA requirements.


NY N296311, dated May 18, 2018, is hereby MODIFIED with regard to thetariff classification and preferential treatment under the AGOA of fruit prod-ucts containing pineapple and mango with lime juice, and pineapple andbanana with lime juice. NY N293259, dated February 7, 2018, is herebyMODIFIED with regard to the tariff classification of fruit products containingpineapple and mango with lime juice, and pineapple and banana with limejuice.

Sincerely,YULIYA A. GULIS

forMYLES B. HARMON,



19 CFR PART 177

REVOCATION OF ONE RULING LETTER ANDREVOCATION OF TREATMENT RELATING TO THE

TARIFF CLASSIFICATION OF WOMEN’S FOOTWEARFASHION BOOTS WITH A FOLD-DOWN FLEECE-LIKE

LINING


ACTION: Notice of revocation of one ruling letter and of revocationof treatment relating to the tariff classification of women’s footwearfashion boots with a fold-down fleece-like lining.

SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C.§ 1625(c)), as amended by section 623 of title VI (Customs Modern-ization) of the North American Free Trade Agreement Implementa-tion Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises inter-ested parties that U.S. Customs and Border Protection (CBP) isrevoking one ruling letter concerning tariff classification of women’sfootwear fashion boots with a fold-down fleece-like lining under theHarmonized Tariff Schedule of the United States (HTSUS). Similarly,CBP is revoking any treatment previously accorded by CBP to sub-stantially identical transactions. Notice of the proposed action waspublished in the Customs Bulletin, Vol. 53, No. 13, on May 1, 2019. Nocomments were received in response to that notice.


FOR FURTHER INFORMATION CONTACT: John Rhea, Food,Textiles and Marking Branch, Regulations and Rulings, Office ofTrade, at (202) 325–0035.


BACKGROUND

Current customs law includes two key concepts: informed compli-ance and shared responsibility. Accordingly, the law imposes an obli-gation on CBP to provide the public with information concerning thetrade community’s responsibilities and rights under the customs andrelated laws. In addition, both the public and CBP share responsibil-ity in carrying out import requirements. For example, under section484 of the Tariff Act of 1930, as amended (19 U.S.C. § 1484), theimporter of record is responsible for using reasonable care to enter,


classify and value imported merchandise, and to provide any otherinformation necessary to enable CBP to properly assess duties, collectaccurate statistics, and determine whether any other applicable legalrequirement is met.

Pursuant to 19 U.S.C. §1625(c)(1), a notice was published in theCustoms Bulletin, Vol. 53, No. 13, on May 1, 2019, proposing to revokeone ruling letter pertaining to the tariff classification of women’sfootwear fashion boots with a fold-down fleece-like lining. Any partywho has received an interpretive ruling or decision (i.e., a rulingletter, internal advice memorandum or decision, or protest reviewdecision) on the merchandise subject to this notice should have ad-vised CBP during the comment period.

Similarly, pursuant to 19 U.S.C. §1625(c)(2), CBP is revoking anytreatment previously accorded by CBP to substantially identicaltransactions. Any person involved in substantially identical transac-tions should have advised CBP during the comment period. An im-porter’s failure to advise CBP of substantially identical transactionsor of a specific ruling not identified in this notice may raise issues ofreasonable care on the part of the importer or its agents for impor-tations of merchandise subsequent to the effective date of this notice.

In New York Ruling Letter (“NY”) N196436, dated December 30,2011, CBP classified women’s footwear fashion boots with a fold-downfleece-like lining in heading 6402, HTSUS, specifically in subheading6402.91.40, HTSUS, which provides for “Other footwear with outersoles and uppers of rubber or plastics: Other: Covering the ankle:Other.” CBP has reviewed NY N196436 and has determined theruling letter to be in error. It is now CBP’s position that women’sfootwear fashion boots with a fold-down fleece-like lining is properlyclassified, in heading 6402, HTSUS, specifically in subheading6402.91.70, HTSUS, which provides for “Other footwear with outersoles and uppers of rubber or plastics: Other: Covering the ankle:Other: Other, Other.”

Pursuant to 19 U.S.C. §1625(c)(1), CBP is revoking NY N196436and revoking or modifying any other ruling not specifically identifiedto reflect the analysis contained in Headquarters Ruling Letter(“HQ”) H207579, set forth as an attachment to this notice. Addition-ally, pursuant to 19 U.S.C. §1625(c)(2), CBP is revoking any treat-ment previously accorded by CBP to substantially identical transac-tions.

In accordance with 19 U.S.C. §1625(c), this ruling will becomeeffective 60 days after publication in the Customs Bulletin.


Dated: July 9, 2019YULIYA A. GULIS

forMYLES B. HARMON,


Attachment


HQ H207579July 9, 2019

OT:RR:CTF:FTM H207579 JERCATEGORY: Classification

TARIFF NO.: 6402.91.70MR. DENNIS AWANA

INTER-ORIENT SERVICES

1455 MONTEREY PASS RD # 205MONTEREY PARK, CA 91754

RE: Revocation of NY N196436; tariff classification of women’s lace frontfashion boots with fold down fleece-like lining

DEAR MR. AWANA:This letter is to inform you that U.S. Customs and Border Protection

(“CBP”) has reconsidered New York Ruling Letter (“NY”) N196436, datedDecember 30, 2011, issued to you on behalf of Inter-Orient Services. In NYN196436, CBP classified the subject women’s lace front fashion boot, style“Helen 04” in subheading 6402.91.40, HTSUS, which provides for: “Footwearwith outer soles and uppers of rubber or plastics: Other footwear: Coveringthe ankle: Other: In which the upper’s external surface area measures over90% rubber and/or plastics (including accessories or reinforces) which doesnot have a foxing-like band; which is not designed to be worn over or in lieuof, other footwear as a protection against water, oil, grease or chemicals orcold inclement weather: For women: Other.” It has come to our attention thatour decision in NY N196436 was incorrect.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. § 1625(c)(1)), asamended by section 623 of Title VI (Customs Modernization) of the NorthAmerican Free Trade Agreement Implementation Act, Pub. L. No. 103–182,107 Stat. 2057, 2186 (1993), notice of the proposed action was published onMay 1, 2019, in Volume 53, Number 13, of the Customs Bulletin. No com-ments were received in response to this notice.

FACTS:

In NY N196436, the women’s lace front fashion boot, style “Helen 04” wasdescribed as having an inner shaft lined with a fleece-like textile materialand an outer sole made up of a rubber or plastic material. The decorativeportion of the shaft was designed to be exposed when the shaft is cuffed. Theboot features metal snap buttons which connect the upper portion of the shaftto the mid quarter of the boot. Once folded down the approximately three (3)inch exposed shaft is secured in place by the metal snap buttons. Additionally,the “Helen 04” boot presents as being slightly above the ankle when the shaftis cuffed down and far below the calf when not cuffed. The boot does notfeature any accessories, foxing or foxing-like bands and therefore is notconsidered to be protective against cold or inclement weather.

ISSUE:

Whether the subject fashion boot has an external surface area composed ofover ninety (90) percent rubber or plastic such that is classifiable in subhead-ing 6402.91.40, HTSUS, or whether the external surface area of the upper iscomposed of more than 10 percent of a textile material such that the mer-chandise is classifiable in subheading 6402.91.70, HTSUS.


LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States(“HTSUS”) is made in accordance with the General Rules of Interpretation(“GRI”). GRI 1 provides that the classification of goods shall be determinedaccording to the terms of the headings of the tariff schedule and any relativeSection or Chapter Notes. In the event that the goods cannot be classifiedsolely on the basis of GRI 1, and if the headings and legal notes do nototherwise require, the remaining GRIs may then be applied.

The HTSUS provisions under consideration are as follows:

6402 Other footwear with outer soles and uppers of rubber or plastics:

Other:

6402.91 Covering the ankle:

Other:

6402.91.40 Having uppers of which 90 percent of theexternal surface area (including any ac-cessories or reinforces such as those men-tioned in note 4(a) to this chapter) is rub-ber or plastics except (1) footwear havinga foxing or foxing-like band applied ormolded at the sole and overlapping theupper...[.]

* * *

6402.91 Covering the ankle:

Other:

6402.91.70 Valued over $3 but not over $6.50/pair

The Harmonized Commodity Description and Coding System ExplanatoryNotes (“ENs”) constitute the official interpretation of the Harmonized Systemat the international level. While neither legally binding nor dispositive, theENs provide a commentary on the scope of each heading of the HTSUS andare generally indicative of the proper interpretation of these headings. SeeT.D. 89–80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

The EN to 64.02 states, in pertinent part:

(D) * * *

If the upper consists of two or more materials, classification is determinedby the constituent material which has the greatest external surface area.The constituent material of the outer sole shall be taken to be the mate-rial having the greatest surface, no account being taken of accessories orreinforcements such as ankle patches, protective or ornamental strips oredging, other ornamentation (e.g., tassels, pompons or braid), buckles,tabs, eyelet stays, laces or side fasteners. The constituent material of anylining has no effect on classification.

Additionally, Note 4 to Chapter 64 provides, in relevant, part:

4. Subject to note 3 to this chapter:(a) The material of the upper shall be taken to be the constituentmaterial having the greatest external surface area, no account being


taken of accessories or reinforcements such as ankle patches, edging,ornamentation, buckles, tabs, eyelet stays or similar attachments;(b) The constituent material of the outer sole shall be taken to be thematerial having the greatest surface area in contact with the ground,no account being taken of accessories or reinforcements such asspikes, bars, nails, protectors or similar attachments.

Our decision in NY N196436 incorrectly concluded that the external sur-face of the upper (“esau”) for the “Helen 04” was made up of over 90 percentrubber or plastics. More specifically, NY N196436 incorrectly reasoned thatthe upper portion of the “Helen 04” was not designed to be cuffed andtherefore concluded that the textile materials constituted less than 10 per-cent of the esau. Upon further review, it is now our position that the “Helen04” boot was designed to be cuffed and therefore more than 10 percent of theexternal surface area of the upper is comprised of textile material.

It is well settled that when determining the constituent material havingthe greatest external surface area of a boot, the inner lining is generally notcalculated in that analysis. However, certain boot styles are designed to beworn in a cuffed condition with the top shaft rolled or bent downward expos-ing the inner lining. Such is the case with the Helen 04.

CBP has previously stated that a boot is intended to be “cuffed” when oneor more of the factors set forth below are present:

(1) The country of origin/size label is located far down inside the shaft andwill not be visible when the boot is cuffed. OR, the country of origin/size label is easily removed without damaging the underlying mate-rial. OR, it is an attractive label and does not detract from the ap-pearance of the boot if exposed. OR, it is an attractive label and sewninto the shaft upside down.

(2) The top part of the shaft is a poor match (color, design, material) forthe lower part of the shaft, thereby indicating that portion will behidden when the boot is cuffed.

(3) There is a split at the top rear area of the shaft that facilitates cuffingthe boot so that the back edges of the cuff lay flat and not flare out fromthe shaft.

(4) The lining at or near the top of the boot shaft is made of a differentmaterial than that of the lower part of the shaft, and is equally ormore attractive as a cuff than the lower lining material.

What Every Member of the Trade Community Should Know About: Foot-wear, CBP Informed Compliance Publication, April 2012 (“Footwear ICP”);See also, Headquarters Ruling Letter (“HQ”) 088353, dated March 12, 1991(Wherein CBP applied the aforementioned factors in determining whether aboot was intended to be cuffed); Cf. with HQ 960940, dated July 21, 1998(CBP found that a ladies cold weather boot was not designed or intended tobe cuffed as it did not meet any of the criteria set forth above).

In the instant case, the Helen 04 meets three of the four factors set forthabove. For instance, the top half of the inner lining of the boot does not matchthe bottom half of the inner lining. Moreover, the top half of the inner liningis made up of a fleece-like textile material which is more attractive than thelower portion of the inner lining. The distinguishable composition of thefleece-like material and the non-fleeced portion of the inner lining indicatesthat the lower portion is not intended to be exposed. Furthermore, the retail


labeling is located far down the inner lining lip and is placed on the unat-tractive non-fleeced material. Lastly, the tongue and front quarter of theHelen 04 boot are constructed in a manner which facilitates cuffing the bootwithout any flaring from the shaft.

Image A. The subject Helen 04 Boot featuring metal snap buttons. Image B. The subject Helen 04Boot in its “cuffed” position; with exposed fleece-like textile material.

As the images above demonstrate, the Helen 04 features metal snap but-tons on each side of the boot. The metal snap buttons are located on the topof the shaft with a connecting snap button located near the mid quarter of theboot. The snap buttons facilitate the folding over of the top half of the shaftexposing the fleece-like textile material while holding the shaft in a cuffedposition. As such, more than any other indicator, the snap button featureestablishes that the Helen 04 boot is designed and intended to be cuffed.

Similarly, CBP has previously determined that where textile materialcomprises more than 10 percent of the esau and the rubber or plastic materialcomprises less than 90 percent of the esau, that the footwear was properlyclassifiable in subheading 6402.91.70, HTSUS rather than subheading6402.91.40, HTSUS. For example, in HQ 088353 CBP determined that, basedupon its conformity with the definition of a cuffed boot, that a boot with a “FurCuff Fold Down” was classified as having a textile material comprising morethan 10 percent of the esau. Likewise, in HQ 088403, dated March 22, 1991,CBP found that a fleece lined boot with snaps which held the cuff in place wasintended to be cuffed and did not have an esau of more than 90 percent rubberor plastic. Accordingly and based on all of the aforementioned, it is ourposition that the subject Helen 04 boot is properly classifiable in subheading6402.91.70, HTSUS.

HOLDING:

Under the authority of GRIs 1 and 6, and by application of Note 4 toChapter 64, the women’s lace front fashion boot with fleece-like cuffed liningis classified in heading 6402, HTSUS, specifically in subheading 6402.91.70,HTSUS, which provides for: “Other footwear with outer soles and uppers ofrubber or plastics: Other: Covering the ankle: Other: Other: Other: Valuedover $3 but not over $6.50/pair.” The 2019 column one, general rate of duty is90¢ + 37/5%.


Duty rates are provided for your convenience and are subject to change.The text of the most recent HTSUS and the accompanying duty rates areprovided on the internet at www.usitc.gov/tata/hts/.


NY N196436 is hereby REVOKED.In accordance with 19 U.S.C. § 1625(c), this ruling will become effective 60

days after its publication in the Customs Bulletin.Sincerely,

YULIYA A. GULIS

forMYLES B. HARMON,



COPYRIGHT, TRADEMARK, AND TRADE NAMERECORDATIONS

(No. 6 2019)


SUMMARY: The following copyrights, trademarks, and trade nameswere recorded with U.S. Customs and Border Protection in June2019. A total of 172 recordation applications were approved, consist-ing of 8 copyrights and 164 trademarks. The last notice was publishedin the Customs Bulletin Vol. 53, No. 20, June 19, 2019.

Corrections or updates may be sent to: Intellectual Property RightsBranch, Regulations and Rulings, Office of Trade, U.S. Customs andBorder Protection, 90 K Street, NE., 10th Floor, Washington, D.C.20229–1177, or via email at [email protected].

FOR FURTHER INFORMATION CONTACT: LaVerne Watkins,Paralegal Specialist, Intellectual Property Rights Branch, Regula-tions and Rulings, Office of Trade at (202) 325–0095.

CHARLES R. STEUART

Chief,Intellectual Property Rights Branch

Regulations and Rulings, Office of Trade


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/01/

2026

PO

LO

PR

L U

SA

Hol

din

gs,

Inc.

No

TM

K 0

9–00

431

06/2

4/20

1910

/15/

2023

RE

ST

AS

ISA

ller

gan

, In

c.N

o

TM

K 0

9–00

432

06/2

4/20

1909

/10/

2028

NA

TR

EL

LE

All

erga

n,

Inc.

No

TM

K 0

9–00

595

06/2

8/20

1907

/21/

2029

MA

GIC

OP

EN

ER

MA

GIC

OP

EN

ER

, L

LC

No

TM

K 0

9–01

190

06/2

6/20

1911

/22/

2029

DE

SIG

N O

NLY

(Tr

ee D

esig

n L

ogo)

TB

L L

ICE

NS

ING

LL

CN

o

TM

K 1

0–00

016

06/0

2/20

1904

/20/

2029

NX

P (

Sty

lize

d)N

XP

B.V

.N

o

TM

K 1

0–00

017

06/0

3/20

1904

/20/

2029

NX

PN

XP

B.V

.N

o

TM

K 1

0–00

057

06/0

3/20

1904

/27/

2029

NX

P a

nd

Des

ign

NX

P B

.V.

Bes

lote

n V

enn

oots

chap

No

TM

K 1

0–00

526

06/0

2/20

1905

/24/

2029

INT

EL

VP

RO

Inte

l C

orpo

rati

onN

o

TM

K 1

0–00

636

06/0

4/20

1906

/24/

2029

BO

DY

GO

SP

EL

BE

AC

HB

OD

Y, L

LC

No

TM

K 1

0–00

885

06/2

4/20

1909

/29/

2029

Des

ign

On

ly S

tyli

zed

(cod

a sy

mbo

l)C

OD

AB

OW

IN

TE

RN

AT

ION

AL

, L

LC

No

TM

K 1

0–01

155

06/0

5/20

1907

/07/

2029

CA

RM

EX

AN

D D

ES

IGN

Car

ma

Lab

orat

orie

s, I

nc.

No

TM

K 1

0–01

313

06/0

7/20

1908

/25/

2029

Des

ign

Lac

oste

All

igat

or S

.A.

No


BP

IP

R R

EC

OR

DA

TIO

N —

JA

NU

AR

Y 2

019

Rec

ord

atio

n N

o.E

ffec

tive

Dat

e

Exp

irat

ion

Dat

e

Nam

e of

Cop

/Tm

k/T

nm

Ow

ner

Nam

eG

M

Res

tric

ted

TM

K 1

1–00

298

06/2

4/20

1906

/30/

2029

UR

BA

N Z

EN

Kar

an,

Don

na

No

TM

K 1

1–00

437

06/1

4/20

1908

/18/

2029

HU

MM

ER

GE

NE

RA

L M

OT

OR

S L

LC

No

TM

K 1

1–01

081

06/1

2/20

1908

/12/

2029

CA

RD

IOL

OG

Y I

II3M

Com

pan

yN

o

TM

K 1

1–01

109

06/2

6/20

1910

/18/

2029

AE

RO

PO

ST

AL

EA

BG

-AE

RO

IP

CO

, L

LC

No

TM

K 1

2–00

821

06/1

9/20

1906

/19/

2029

JES

SIC

A S

IMP

SO

N (

Sty

lize

d)W

ITH

YO

U L

LC

No

TM

K 1

2–01

307

06/0

3/20

1906

/03/

2029

BL

AC

KH

AW

K!

VIS

TA

OU

TD

OO

R O

PE

RA

TIO

NS

LL

CN

o

TM

K 1

3–00

275

06/2

8/20

1912

/21/

2029

DE

SIG

N O

NLY

(C

hil

d R

esis

tan

t L

igh

ter

Con

figu

rati

on)

BIC

CO

RP

OR

AT

ION

No

TM

K 1

3–01

100

06/2

4/20

1906

/28/

2026

Des

ign

On

ly (

Red

Pai

nt

Cu

p R

ing)

SA

TA

GM

BH

& C

O.

KG

GM

BH

& C

O.

KG

No

TM

K 1

4–00

209

06/0

3/20

1906

/03/

2029

CO

VID

IEN

Cov

idie

n A

GN

o

TM

K 1

4–00

841

06/1

3/20

1907

/21/

2029

CA

DIL

LA

CG

EN

ER

AL

MO

TO

RS

LL

CN

o

TM

K 1

4–00

895

06/1

4/20

1908

/04/

2029

DE

SIG

N O

NLY

(C

orve

tte

C5

Em

blem

)G

EN

ER

AL

MO

TO

RS

LL

CN

o

TM

K 1

4–01

203

06/0

6/20

1908

/05/

2029

KA

TH

Y S

MIT

H’S

PR

OJE

CT

: YO

U T

YP

E2

BE

AC

HB

OD

Y, L

LC

No

TM

K 1

5–00

013

06/0

3/20

1911

/03/

2029

DE

SIG

N O

NLY

EV

ER

-TO

P H

AR

DW

AR

E C

OR

PO

RA

TIO

NN

o

TM

K 1

5–00

748

06/0

3/20

1907

/05/

2029

BE

AV

ER

ST

AT

E (

Sty

lize

d)P

EN

DL

ET

ON

WO

OL

EN

MIL

LS

, IN

C.

No

TM

K 1

5–00

852

06/1

9/20

1905

/26/

2028

Blu

etoo

th O

val

and

“B”

Des

ign

(fi

gure

mar

k)B

LU

ET

OO

TH

SIG

, IN

C.

No

TM

K 1

6–00

152

06/0

7/20

1903

/23/

2029

M a

nd

Des

ign

Myl

an I

nc.

No

TM

K 1

6–01

115

06/0

7/20

1906

/10/

2029

GO

VIN

Ogo

vin

o, L

LC

No

TM

K 1

6–01

166

06/0

7/20

1910

/21/

2028

RA

LP

HP

RL

US

A H

OL

DIN

GS

, IN

C.

No

TM

K 1

7–00

067

06/1

8/20

1907

/12/

2029

KO

OL

(S

tyli

zed)

ITG

BR

AN

DS

, L

LC

No

TM

K 1

7–00

473

06/0

7/20

1912

/30/

2027

RA

NG

E R

OV

ER

JAG

UA

R L

AN

D R

OV

ER

LIM

ITE

DN

o


BP

IP

R R

EC

OR

DA

TIO

N —

JA

NU

AR

Y 2

019

Rec

ord

atio

n N

o.E

ffec

tive

Dat

e

Exp

irat

ion

Dat

e

Nam

e of

Cop

/Tm

k/T

nm

Ow

ner

Nam

eG

M

Res

tric

ted

TM

K 1

7–00

474

06/0

7/20

1911

/12/

2028

LA

ND

RO

VE

R l

ogo

and

desi

gnJA

GU

AR

LA

ND

RO

VE

R L

IMIT

ED

No

TM

K 1

7–00

644

06/1

8/20

1907

/14/

2029

ME

SA

BI

BL

AC

KC

old

Spr

ing

Gra

nit

e C

ompa

ny

No

TM

K 1

7–01

026

06/0

4/20

1909

/02/

2029

BA

LM

AIN

(S

tyli

zed)

PIE

RR

E B

AL

MA

IN S

.A.S

.N

o

TM

K 1

8–00

253

06/2

6/20

1906

/30/

2029

PR

OT

AP

ER

an

d D

esig

nL

acy

Dis

trib

uti

on,

Inc.

No

TM

K 1

9–00

356

06/1

4/20

1908

/26/

2029

WO

RL

D S

ER

IES

Offi

ce o

f th

e C

omm

issi

oner

of

Bas

ebal

lN

o

TM

K 1

9–00

605

06/0

3/20

1908

/09/

2027

HO

OP

ST

ER

Gas

ton

NA

, In

c.N

o

TM

K 1

9–00

606

06/0

3/20

1909

/21/

2026

DE

SIG

N O

NLY

(P

J M

AS

KS

Des

ign

Im

-ag

e)E

NT

ER

TA

INM

EN

T O

NE

UK

LIM

ITE

DN

o

TM

K 1

9–00

607

06/0

3/20

1908

/28/

2029

SH

OW

ER

BO

SS

LaM

ann

a, J

ohn

T.

No

TM

K 1

9–00

608

06/0

3/20

1909

/28/

2026

CA

RT

IER

Car

tier

In

tern

atio

nal

AG

No

TM

K 1

9–00

609

06/0

3/20

1911

/05/

2024

RE

BO

UN

D H

OO

F P

AC

KK

ehoe

En

terp

rise

s L

LC

No

TM

K 1

9–00

610

06/0

3/20

1903

/25/

2029

HA

PP

Y B

OO

TY

PIL

LO

W B

OO

TY

PE

R-

FE

CT

ION

an

d D

esig

nN

avar

ro, A

rtu

roN

o

TM

K 1

9–00

611

06/0

3/20

1907

/30/

2029

FL

OR

A S

KIN

TH

ER

AP

YF

ield

s, J

osh

No

TM

K 1

9–00

612

06/0

5/20

1908

/09/

2027

PE

EP

S a

nd

Des

ign

Par

ksid

e O

ptic

al I

nc.

No

TM

K 1

9–00

613

06/0

5/20

1907

/16/

2029

LO

S A

NG

EL

ES

RA

MS

TH

E L

OS

AN

GE

LE

S R

AM

S,

LL

CN

o

TM

K 1

9–00

614

06/0

6/20

1906

/28/

2027

DO

LE

WH

IPD

ole

Pac

kage

d F

oods

, L

LC

No

TM

K 1

9–00

615

06/0

6/20

1909

/23/

2025

HE

AT

ST

ICK

SP

hil

ip M

orri

s P

rodu

cts

S.A

.N

o

TM

K 1

9–00

616

06/0

6/20

1909

/30/

2025

IQO

SP

hil

ip M

orri

s P

rodu

cts

S.A

.N

o

TM

K 1

9–00

617

06/0

6/20

1910

/11/

2027

HE

ET

S (

Sty

lize

d)P

hil

ip M

orri

s P

rodu

cts

S.A

.N

o

TM

K 1

9–00

618

06/0

6/20

1902

/28/

2028

DE

SIG

N O

NLY

(T

hre

e H

oriz

onta

l B

ars

Dou

ble

Dev

ice)

Ph

ilip

Mor

ris

Pro

duct

s S

.A.

No

TM

K 1

9–00

619

06/0

6/20

1906

/26/

2029

IQO

S T

HIS

CH

AN

GE

S E

VE

RY

TH

ING

Ph

ilip

Mor

ris

Pro

duct

s S

.A.

No

TM

K 1

9–00

620

06/0

6/20

1911

/01/

2027

IQO

S (

ST

YL

IZE

D)

Ph

ilip

Mor

ris

Pro

duct

s S

.A.

No


BP

IP

R R

EC

OR

DA

TIO

N —

JA

NU

AR

Y 2

019

Rec

ord

atio

n N

o.E

ffec

tive

Dat

e

Exp

irat

ion

Dat

e

Nam

e of

Cop

/Tm

k/T

nm

Ow

ner

Nam

eG

M

Res

tric

ted

TM

K 1

9–00

621

06/0

6/20

1901

/03/

2028

Des

ign

On

lyP

hil

ip M

orri

s P

rodu

cts

S.A

.N

o

TM

K 1

9–00

622

06/0

6/20

1902

/14/

2028

TH

IS C

HA

NG

ES

EV

ER

YT

HIN

GP

hil

ip M

orri

s P

rodu

cts

S.A

.N

o

TM

K 1

9–00

623

06/0

6/20

1901

/31/

2028

Des

ign

On

lyP

hil

ip M

orri

s P

rodu

cts

S.A

.N

o

TM

K 1

9–00

624

06/0

6/20

1903

/26/

2028

Q a

nd

Des

ign

(S

tyli

zed)

Ph

ilip

Mor

ris

Pro

duct

s S

.A.

No

TM

K 1

9–00

625

06/0

6/20

1902

/14/

2028

DE

SIG

N O

NLY

(T

hre

e H

oriz

onta

l B

ars

Dev

ice)

Ph

ilip

Mor

ris

Pro

duct

s S

.A.

No

TM

K 1

9–00

626

06/0

6/20

1912

/09/

2024

BO

TT

LE

KE

EP

ER

Cam

Cal

En

terp

rise

s, L

LC

No

TM

K 1

9–00

627

06/0

6/20

1908

/14/

2029

X a

nd

Des

ign

(P

layS

tati

on S

hap

es (

dia-

mon

d co

nfi

gura

tion

))(R

EG

IST

RA

NT

) S

ony

Inte

ract

ive

En

ter-

tain

men

t In

c. C

OR

PO

RA

TIO

N J

AP A

N1–

7-1,

Kon

an M

inat

o-ku

Tok

yo J

APA

N

No

TM

K 1

9–00

628

06/0

6/20

1910

/12/

2026

TH

E S

PIC

E H

UN

TE

RT

HE

C.F

. S

AU

ER

CO

MPA

NY

No

TM

K 1

9–00

629

06/0

7/20

1909

/19/

2028

DE

FE

ND

ER

Jagu

ar L

and

Rov

er L

imit

edN

o

TM

K 1

9–00

630

06/0

7/20

1908

/01/

2028

DE

SIG

N O

NLY

(T

RA

DE

DR

ES

S)

Jagu

ar L

and

Rov

er L

imit

ed p

riva

te c

om-

pan

y li

mit

ed b

y sh

ares

(pr

c)N

o

TM

K 1

9–00

631

06/0

7/20

1908

/17/

2026

DE

SIG

N O

NLY

(T

RA

DE

DR

ES

S)

Jagu

ar L

and

Rov

er L

imit

ed p

riva

te c

om-

pan

y li

mit

ed b

y sh

ares

(pr

c)N

o

TM

K 1

9–00

632

06/0

7/20

1907

/23/

2029

DE

XY

CU

Icon

Bio

scie

nce

, In

c.N

o

TM

K 1

9–00

633

06/0

7/20

1908

/17/

2026

DE

FE

ND

ER

Jagu

ar L

and

Rov

er L

imit

edN

o

TM

K 1

9–00

634

06/0

7/20

1902

/14/

2028

JAG

UA

RJa

guar

Lan

d R

over

Lim

ited

No

TM

K 1

9–00

635

06/0

7/20

1906

/17/

2025

JAG

UA

RJa

guar

Lan

d R

over

Lim

ited

No

TM

K 1

9–00

636

06/0

7/20

1910

/03/

2028

JAG

UA

R a

nd

leap

er (

desi

gn)

Jagu

ar L

and

Rov

er L

imit

edN

o

TM

K 1

9–00

637

06/0

7/20

1902

/20/

2023

JAG

UA

R a

nd

leap

er (

desi

gn)

JAG

UA

R L

AN

D R

OV

ER

LIM

ITE

DN

o

TM

K 1

9–00

638

06/0

7/20

1904

/30/

2025

LA

ND

RO

VE

RJA

GU

AR

LA

ND

RO

VE

R L

IMIT

ED

No

TM

K 1

9–00

639

06/0

7/20

1908

/30/

2027

LA

ND

RO

VE

RJa

guar

Lan

d R

over

Lim

ited

No


BP

IP

R R

EC

OR

DA

TIO

N —

JA

NU

AR

Y 2

019

Rec

ord

atio

n N

o.E

ffec

tive

Dat

e

Exp

irat

ion

Dat

e

Nam

e of

Cop

/Tm

k/T

nm

Ow

ner

Nam

eG

M

Res

tric

ted

TM

K 1

9–00

640

06/0

7/20

1911

/10/

2019

LA

ND

RO

VE

RJA

GU

AR

LA

ND

RO

VE

R L

IMIT

ED

No

TM

K 1

9–00

641

06/0

7/20

1907

/11/

2020

LA

ND

RO

VE

RJA

GU

AR

LA

ND

RO

VE

R L

IMIT

ED

No

TM

K 1

9–00

642

06/0

7/20

1903

/11/

2029

LA

ND

RO

VE

R l

ogo

and

desi

gnJa

guar

Lan

d R

over

Lim

ited

No

TM

K 1

9–00

643

06/0

7/20

1907

/28/

2025

RA

NG

E R

OV

ER

Jagu

ar L

and

Rov

er L

imit

edN

o

TM

K 1

9–00

644

06/0

7/20

1902

/22/

2027

K6S

Kim

ber

IP,

LL

CN

o

TM

K 1

9–00

645

06/0

7/20

1901

/30/

2029

AIR

WIR

LA

IRW

IRL

LL

CN

o

TM

K 1

9–00

646

06/0

7/20

1909

/28/

2021

SO

LO

Kim

ber

IP,

LL

CN

o

TM

K 1

9–00

647

06/1

0/20

1912

/24/

2023

GO

LIG

HT

Gol

igh

t, I

nc.

No

TM

K 1

9–00

648

06/1

0/20

1903

/27/

2026

ST

RY

KE

RG

olig

ht,

In

c.N

o

TM

K 1

9–00

649

06/1

1/20

1906

/22/

2026

DE

SIG

N O

NLY

(G

row

ler

Dev

ice)

Jagu

ar L

and

Rov

er L

imit

edN

o

TM

K 1

9–00

650

06/1

1/20

1911

/01/

2027

DE

SIG

N O

NLY

(S

TR

YK

ER

sea

rch

ligh

tpr

odu

ct c

onfi

gura

tion

tra

de d

ress

)G

olig

ht,

In

c.N

o

TM

K 1

9–00

651

06/1

1/20

1907

/04/

2027

NT

Nor

th T

ech

an

d D

esig

nT

he

Reg

istr

y N

orth

, In

c.N

o

TM

K 1

9–00

652

06/1

1/20

1904

/29/

2029

DE

SIG

N O

NLY

(G

OL

IGH

T/R

AD

IOR

AY

sear

chli

ght

prod

uct

con

figu

rati

on t

rade

dres

s)

Gol

igh

t, I

nc.

No

TM

K 1

9–00

653

06/1

2/20

1906

/26/

2029

SO

NG

DO

GS

ong

Dog

Spi

rits

, L

LC

No

TM

K 1

9–00

654

06/1

3/20

1907

/30/

2029

DE

SIG

N O

NLY

(10

0% G

oggl

e B

um

pT

rade

Dre

ss)

Sau

le,

LL

C.

No

TM

K 1

9–00

655

06/1

3/20

1901

/27/

2030

AU

TO

BIO

GR

AP

HY

JAG

UA

R L

AN

D R

OV

ER

LIM

ITE

DN

o

TM

K 1

9–00

656

06/1

3/20

1904

/01/

2028

Des

ign

On

ly (

A C

ontr

ol K

nob

)A

uto

mat

ed P

roce

sses

, In

c.N

o

TM

K 1

9–00

657

06/1

4/20

1908

/05/

2025

BU

LL

Bu

ll O

utd

oor

Pro

duct

s, I

nc.

No

TM

K 1

9–00

658

06/1

4/20

1909

/23/

2019

BU

LL

OU

TD

OO

R P

RO

DU

CT

SB

ull

Ou

tdoo

r P

rodu

cts,

In

c.N

o

TM

K 1

9–00

659

06/1

4/20

1908

/14/

2029

BL

EN

DJE

TM

iram

ore

Inc.

No


BP

IP

R R

EC

OR

DA

TIO

N —

JA

NU

AR

Y 2

019

Rec

ord

atio

n N

o.E

ffec

tive

Dat

e

Exp

irat

ion

Dat

e

Nam

e of

Cop

/Tm

k/T

nm

Ow

ner

Nam

eG

M

Res

tric

ted

TM

K 1

9–00

660

06/1

4/20

1912

/18/

2022

EO

NS

MO

KE

EL

EC

TR

ON

IC C

IGA

-R

ET

TE

S &

Des

ign

Eon

smok

e, L

LC

. D

BA

Eon

smok

e E

lec-

tron

ic C

igar

ette

sN

o

TM

K 1

9–00

661

06/1

6/20

1907

/19/

2026

XR

VIS

ION

Ape

lbau

m, Y

aaco

vN

o

TM

K 1

9–00

662

06/1

7/20

1912

/17/

2026

JAG

UA

RJA

GU

AR

LA

ND

RO

VE

R L

IMIT

ED

No

TM

K 1

9–00

663

06/1

7/20

1906

/05/

2029

VIV

EH

TC

Cor

pora

tion

No

TM

K 1

9–00

664

06/1

7/20

1905

/28/

2027

SU

NZ

ON

E (

Sty

lize

d)S

hen

zhen

Su

nzo

ne

Ele

ctri

cal A

ppli

ance

sL

td.

No

TM

K 1

9–00

665

06/1

7/20

1904

/27/

2029

AS

TE

RIO

N (

Sty

lize

d)S

hen

zhen

Su

nzo

ne

Ele

ctri

cal A

ppli

ance

sL

td.

No

TM

K 1

9–00

666

06/1

8/20

1906

/12/

2029

AL

(S

tyli

zed)

an

d D

esig

n (

logo

)A

LB

ION

CO

., L

TD

.N

o

TM

K 1

9–00

667

06/1

8/20

1901

/17/

2028

JET

500

0S

AT

A G

mbH

& C

o. K

GN

o

TM

K 1

9–00

668

06/1

8/20

1907

/23/

2029

SP

YF

IND

ER

Sh

ara

Tayl

or L

td.,

Inc.

No

TM

K 1

9–00

669

06/1

9/20

1911

/12/

2028

CO

RB

EA

UC

OR

BE

AU

US

A L

LC

No

TM

K 1

9–00

670

06/1

9/20

1906

/22/

2026

1000

SA

TA

Gm

bH &

Co.

KG

gm

bh &

co.

kg

No

TM

K 1

9–00

671

06/2

0/20

1901

/04/

2022

RU

BB

ER

BR

UB

BE

R B

,L

LC

.N

o

TM

K 1

9–00

672

06/2

0/20

1903

/19/

2027

JET

100

0 (S

tyli

zed)

SA

TA

Gm

bH &

Co.

KG

GM

BH

& C

O.

KG

No

TM

K 1

9–00

673

06/2

0/20

1912

/08/

2025

HA

LE

Y A

ND

TH

E H

OU

ND

Loo

kou

t D

esig

ns,

LL

CN

o

TM

K 1

9–00

674

06/2

0/20

1906

/15/

2026

Lab

Sil

hou

ette

Des

ign

Loo

kou

t D

esig

ns,

LL

CN

o

TM

K 1

9–00

675

06/2

0/20

1904

/06/

2025

4000

SA

TA

Gm

bH &

Co.

KG

No

TM

K 1

9–00

676

06/2

0/20

1903

/19/

2027

JET

400

0 (S

TY

LIZ

ED

FO

RM

)S

AT

A G

mbH

& C

o. K

GN

o

TM

K 1

9–00

677

06/2

0/20

1908

/05/

2025

5000

SA

TA

Gm

bH &

Co.

No

TM

K 1

9–00

678

06/2

0/20

1904

/02/

2028

WA

DD

LE

Wad

dle

& F

rien

ds,

Inc.

No

TM

K 1

9–00

679

06/2

1/20

1907

/05/

2026

INR

EB

ICIM

PAC

T B

IOM

ED

ICIN

ES

, IN

C.

No

TM

K 1

9–00

680

06/2

1/20

1906

/19/

2029

WH

ISK

EY

WO

OD

AL

BR

EC

HT

HO

LD

ING

S L

LC

No


BP

IP

R R

EC

OR

DA

TIO

N —

JA

NU

AR

Y 2

019

Rec

ord

atio

n N

o.E

ffec

tive

Dat

e

Exp

irat

ion

Dat

e

Nam

e of

Cop

/Tm

k/T

nm

Ow

ner

Nam

eG

M

Res

tric

ted

TM

K 1

9–00

681

06/2

1/20

1908

/07/

2029

ST

ILL

HO

US

E C

OL

LE

CT

ION

AL

BR

EC

HT

HO

LD

ING

S L

LC

No

TM

K 1

9–00

682

06/2

1/20

1908

/07/

2029

Des

ign

On

ly (

Log

o)A

LB

RE

CH

T H

OL

DIN

GS

LL

CN

o

TM

K 1

9–00

683

06/2

1/20

1907

/02/

2029

F.I.

T.A

LB

RE

CH

T H

OL

DIN

GS

LL

CN

o

TM

K 1

9–00

684

06/2

1/20

1912

/26/

2027

IMN

OV

IDC

elge

ne

Cor

pora

tion

No

TM

K 1

9–00

685

06/2

4/20

1911

/20/

2023

SA

TA

& D

esig

nS

AT

A G

mbH

& C

o. K

GN

o

TM

K 1

9–00

686

06/2

4/20

1909

/07/

2026

VR

AY

LA

RF

OR

ES

T L

AB

OR

AT

OR

IES

HO

LD

ING

SL

TD

.N

o

TM

K 1

9–00

687

06/2

4/20

1907

/06/

2020

OZ

UR

DE

XA

ller

gan

, In

c.N

o

TM

K 1

9–00

688

06/2

4/20

1906

/29/

2026

VIB

ER

ZI

AL

LE

RG

AN

HO

LD

ING

S U

NL

IMIT

ED

CO

MPA

NY

No

TM

K 1

9–00

689

06/2

4/20

191 1

/02/

2021

VII

BR

YD

AL

LE

RG

AN

SA

LE

S,

LL

CN

o

TM

K 1

9–00

690

06/2

4/20

1912

/30/

2024

Lin

zess

an

d D

esig

nIr

onw

ood

Ph

arm

aceu

tica

ls,

Inc.

No

TM

K 1

9–00

691

06/2

4/20

1912

/12/

2027

TR

UE

TE

AR

Ocu

leve

, In

c.N

o

TM

K 1

9–00

692

06/2

4/20

1911

/25/

2025

AV

YC

AZ

AL

LE

RG

AN

SA

LE

S,

LL

CN

o

TM

K 1

9–00

693

06/2

4/20

1905

/09/

2020

ZE

NP

EP

AL

LE

RG

AN

PH

AR

MA

CE

UT

ICA

LS

IN

-T

ER

NA

TIO

NA

L L

IMIT

ED

No

TM

K 1

9–00

694

06/2

4/20

1901

/19/

2021

Sap

hri

s an

d D

esig

nM

ER

CK

SH

AR

P &

DO

HM

E B

.V.

No

TM

K 1

9–00

695

06/2

4/20

1901

/31/

2028

RE

BL

OZ

YL

Cel

gen

e C

orpo

rati

onN

o

TM

K 1

9–00

696

06/2

4/20

1903

/17/

2024

RID

GE

LIN

EP

yram

ex S

afet

y P

rodu

cts,

LL

CN

o

TM

K 1

9–00

697

06/2

5/20

1911

/18/

2025

KY

BE

LL

AA

LL

ER

GA

N S

AL

ES

, L

LC

No

TM

K 1

9–00

698

06/2

5/20

1912

/29/

2025

RP

SS

AT

A G

mbH

& C

o. K

GN

o

TM

K 1

9–00

699

06/2

5/20

1905

/04/

2026

SA

TA

SA

TA

GM

BH

& C

O.

KG

No

TM

K 1

9–00

700

06/2

6/20

1909

/18/

2029

Des

ign

On

ly (

Pir

ate

Sh

ip)

BU

CC

AN

EE

RS

TE

AM

LL

CN

o

TM

K 1

9–00

701

06/2

6/20

1912

/26/

2027

PAL

MP

RE

SS

Pal

m C

offe

emak

er L

LC

No


BP

IP

R R

EC

OR

DA

TIO

N —

JA

NU

AR

Y 2

019

Rec

ord

atio

n N

o.E

ffec

tive

Dat

e

Exp

irat

ion

Dat

e

Nam

e of

Cop

/Tm

k/T

nm

Ow

ner

Nam

eG

M

Res

tric

ted

TM

K 1

9–00

702

06/2

6/20

1905

/23/

2029

JAG

UA

R a

nd

Lea

per

Des

ign

JAG

UA

R L

AN

D R

OV

ER

LIM

ITE

DN

o

TM

K 1

9–00

703

06/2

6/20

1906

/05/

2023

HO

UW

EL

ING

’S T

OM

AT

OE

SH

ouw

elin

g N

urs

erie

s O

xnar

d, I

nc.

No

TM

K 1

9–00

704

06/2

7/20

1911

/02/

2025

AD

VIO

NS

YN

GE

NT

A P

AR

TIC

IPA

TIO

NS

AG

No

TM

K 1

9–00

705

06/2

8/20

1907

/14/

2025

NIN

JAG

OL

EG

O J

uri

s A

/SN

o

TM

K 1

9–00

706

06/2

8/20

1910

/31/

2022

AD

OR

E M

E (

Sty

lize

d)A

DO

RE

ME

, IN

C.

No

TM

K 9

1–00

646

06/1

2/20

1906

/21/

2029

CH

ICA

GO

BU

LL

S a

nd

Des

ign

CH

ICA

GO

PR

OF

ES

SIO

NA

L S

PO

RT

SL

IMIT

ED

PA

RT

NE

RS

HIP

No

TM

K 9

9–00

268

06/0

7/20

1903

/15/

2029

SE

NS

OR

Y M

AR

K -

NO

DR

AW

ING

Edg

ar R

ice

Bu

rrou

ghs,

In

c.N

o


BP

IP

R R

EC

OR

DA

TIO

N —

JA

NU

AR

Y 2

019

u.s. customs and border protection to certain plastic garment hangers in response to future ruling...

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